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february 1987

Supreme Court of India · 1987-02-25

STATE OF U.P. vs HARI SHANKAR TEWARI

Citation / case number
SC 1987/71214
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
HARI SHANKAR TEWARI
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the detention order under Section 3(2) of the National Security Act, 1980, emphasizing the distinction between 'public order' and 'law and order'. The Court reiterated that a solitary act, such as an assault on an individual, does not necessarily disturb public order unless it has the potential to affect the larger community. The Court held that the detention was unjustified as the respondent had already served a significant portion of the detention period, which had lapsed by the time of the appeal.

STATE OF U.P. vs HARI SHANKAR TEWARI · Niyam