- (1.) M. Katju, J. This writ petition has been filed against the impugned order of detention dated 15-1-2002 passed under the N. S. A. vide Annexure 1 to the writ petition. We have heard the learned Counsel for the parties.
(2.) THE grounds of detention have been annexed as Annexure C. A. 1 alongwith the counter affidavit of the District Magistrate. A perusal of the same shows that the allegation against the petitioner is that on 25-11-2001 at about 4 p. m. the petitioner took one Km. Shashi aged about 11 years to some bushes and threw her on the ground and raped her, and when she opposed this he tried to kill her. When Km. Shashi shouted several persons came on the spot and the petitioner threatened to kill them. THEre was bleeding from the vagina of Km. Shashi due to the act of the petitioner. Due to this act the peace of the locality was disturbed and dalits were terrorized and this disturbed the public order. It appears that Km. Shashi was a Dalit. There have been several incidents of rape and molestation of dalit women which in our opinion adversely affects the public order. We do not agree with learned Counsel for the petitioner that this is only a case of law and order. In Arun Ghosh v. State of West Bengal, AIR 1970 SC 1228, the Supreme Court observed: "the question whether a man has only committed a breach of law and order or has acted in a manner likely to cause disturbance of public order is a question of degree and the extent of the reach of the act upon society. An act by itself is not determinant of its own gravity. Similar acts in different contexts affect differently law and order on the one hand and public order on the other. It is always a question of degree of harm and its affect upon the community. "
(3.) LEARNED Counsel for the petitioner submitted that it is a solitary incident but it is well-settled that even on the basis of solitary incident a valid detention order can be passed vide David Patrick Ward v. Union of India, JT 1992 (5) SC 163. In our opinion rape of a dalit girl of a tender age does affect public order. We find no merit in this petition and it is dismissed. Petition dismissed. .;