Law and Order vs Public Order

Why in News?

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention of a resident of Poonch under the Jammu and Kashmir Public Safety Act (PSA). The Court observed that the allegations could constitute a law and order issue but did not justify the extraordinary measure of preventive detention. It held that the detaining authority had failed to properly distinguish between “law and order” and “public order” and noted that preventive detention should not be invoked where ordinary criminal law is sufficient to address the situation.

About Preventive Detention and the PSA

Article 22 of the Constitution provides safeguards against arbitrary arrest and detention, including communicating the grounds of arrest and producing an arrested person before a magistrate within 24 hours. However, Article 22(3) excludes persons detained under laws providing for preventive detention from these particular safeguards.

The Jammu and Kashmir Public Safety Act, 1978 permits preventive detention when the competent authority is satisfied that detention is necessary to prevent a person from acting in a manner prejudicial to the security of the State or maintenance of public order. Detention orders can be issued by designated executive authorities, subject to statutory safeguards, government approval and review by an Advisory Board.

Law and Order vs Public Order

The Supreme Court in Ram Manohar Lohia v. State of Bihar (1966) distinguished between law and order, public order and security of the State by describing them as three concentric circles. Law and order is the broadest category, public order is narrower, and security of the State is the narrowest. Therefore, an act may disturb law and order without necessarily causing a disturbance of public order.

The Supreme Court has also held that an act must have an impact on the broader community or general public to qualify as a disturbance of public order; not every disturbance of public tranquillity meets this threshold.

Thus, the recent ruling reinforces the principle that preventive detention is an exceptional measure and cannot ordinarily substitute the regular criminal justice process when ordinary law is adequate to deal with the alleged conduct.

Source: Indian Express

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