- (1.) BARKAT Ali Zaidi J. The petitioner challenges his detention under the National Security Act, 1980 as No. 65 of 1980 (hereinafter referred to as the 'act' ). What led to his implication under the provisions of National Security Act, vide detention order dated 30. 6. 2008 passed by District Magistrate, Allahabad is that on 10. 6. 2008, the petitioner entered the Laboratory in the Department of Chemistry of Allahabad University along with other boys and told Prof. Arun Kumar Srivastava, that in the university examination, 2008, he had tendered assistance to his relatives in the examination, and when the Professor denied the same, the petitioner blackened his face, by sprinkling black ink on his face and placed garland of old shoes around his neck. All this happened in the presence of other students and professors, who were present at that time as also in presence of his wife, who is also a professor in the university. The petitioner had brought a photographer with him, and Prof. Srivastava was photographed in this condition. While going away, the petitioner told Prof. Srivastava that Students Union Election could not take place because of him and he will disrupt the teaching as soon as university opens and will not allow varsity to function.
(2.) THE petitioner has, therefore, come under Article 226 of the Constitution of India seeing to quash the detention order. The question which arises for consideration is whether this Act on the part of the petitioner amounts to disrupting Public order or will be a mere breach of law and order ? Heard Sri G. S. Chaturvedi, Senior Advocate assisted by Sri Samit Gopal, Advocate for the petitioner, Sri Amit Sinha, Advocate for the Union of India and Addl. Government Advocate for the State.
(3.) COUNSEL for the petitioner has argued that this would amount to merely breach of law and order and nothing more, while counsel for the State contended that it was a clear violation of public order. The Supreme Court in its pronouncement in the case of Arun Ghosh versus State of West Bengal AIR 1970 S. C. 1228 has very clearly and succinctly delineated how and when an act will amount to breach of Public Order, and has also given examples of the same.;