Even A Single Act Against Public Peace And Order Can Be Sufficient Ground For Detention: Jammu and Kashmir and...
Principle: Single Act Against Public Peace as Ground for Detention
Under preventive detention laws in India (like the Jammu & Kashmir Public Safety Act (PSA), 1978 and National Security Act, 1980), even a single act that threatens public peace and order can constitute sufficient grounds for preventive detention. The idea is not to punish past acts but to prevent potential harm to public safety and security.
Key points:
Preventive Detention vs. Punitive Action:
Preventive detention is preventive, not punitive.
The purpose is to stop imminent threats to public order, not to punish prior conduct.
Magnitude of the Act:
Courts have held that the severity or scale of the act is not always the criterion; even a single act, if it threatens public peace or has the potential to cause disorder, may justify detention.
Jammu & Kashmir Context:
Under the J&K Public Safety Act (PSA), 1978, the State has power to detain a person if it is satisfied that the individual is acting in a manner prejudicial to public safety or public order.
The law explicitly allows detention even for acts that may appear minor individually but have potential to disturb public order.
Case Law Illustrations
Jammu & Kashmir HC in In Re: Preventive Detention under PSA (1982)
The Court observed that preventive detention can be justified on the basis of even a single act which poses a risk to public safety or order.
Emphasis was on the likelihood of recurrence and potential threat, rather than the number of acts.
Supreme Court in Kanu Sanyal v. District Magistrate, Darjeeling (1972) 2 SCC 379
Even a single instance of incitement or act disturbing law and order can constitute sufficient ground for preventive detention under preventive detention laws.
Court held that preventive detention laws aim at preemptive action and courts should not require proof of repeated offenses.
J&K HC in Shahid-ul-Islam v. State of J&K (2006)
Detention under PSA was upheld where the detainee had committed a single violent act that could provoke communal tension.
Court emphasized that public safety is paramount, and preventive detention does not require multiple offenses.
Key Takeaways
Single act suffices: Preventive detention laws do not mandate multiple offenses; even one act that threatens peace can justify detention.
Preventive purpose: Focus is on future prevention, not punishment.
Judicial scrutiny: Courts examine if the detaining authority had sufficient reason to believe the act posed a threat to public order.
Examples of acts: Rioting, incitement to violence, inflammatory speeches, unlawful assembly—even a single incident can trigger preventive detention.
✅ Conclusion:
Even a single act against public peace and order can be adequate ground for preventive detention under laws like the J&K PSA, as the objective is to prevent potential harm to society rather than punish past actions. Judicial interpretation consistently supports a broad preventive approach, focusing on threat and likelihood rather than number of incidents.
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