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november 1987

Supreme Court of India · 1987-11-03

SUBHASH BHANDARI & ANR. ETC. vs DISTRICT MAGISTRATE, LUCKNOW & ORS.

Citation / case number
SC 1985/66954
Court
Supreme Court of India
Petitioner
SUBHASH BHANDARI & ANR. ETC.
Respondent
DISTRICT MAGISTRATE, LUCKNOW & ORS.
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court held that under Section 3 of the National Security Act, 1980, a solitary act of violence can only justify detention if it has the potential to disturb public order. The Court distinguished between acts directed at individuals and those that affect public tranquility, emphasizing that the impact of the act must extend beyond the individual to the community. In this case, the Court found that the assault was confined to the complainant and did not create a general disturbance, thus allowing the appeals and setting aside the detention orders.

SUBHASH BHANDARI & ANR. ETC. vs DISTRICT MAGISTRATE, LUCKNOW & ORS. · Niyam