Kalla alias Surendra Jat Versus State of Madhya Pradesh and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 4499 of 2021, Judgment Date: Apr 09, 2021

Law laid down:-  

1. Preventive detention is devised to afford protection to society. An act, affecting public order may have ramifications over law and order and security of the State at the same time.

2. Liberty of an individual is to be reconciled with collective interest of the community so that Public Order, Social Peace and overall Development of the Area may not be sacrificed at the altar of Lawlessness, Misgovernance and Private Retribution.

3. Crime and Disorder are strongly interrelated, therefore, Broken Windows Theory, a Criminological Theory although moves in respect of Police and law enforcement but has material bearing in the realm of prosecution, adjudication and specially for preventive measures like National Security Act. Theory explained.

4. Offence under Section 353 of IPC is not against public servant only but is a challenge to the Public Order and Administration of Justice at the instance of offender because public servant is duty bound to serve public and maintain Public Order. If his position is compromised, then public order is immediately and automatically compromised.

5. Ashok Kumar Vs. Delhi Administration and others, (1982) 2 SCC 403, Commissioner of Police and Ors. Vs. C. Anita, (2004) 7 SCC 467, Shahzad Hasan Khan Vs. Ishtiaq Hasan Khan and others, (1987) 2 SCC 684 and Debu Mahto Vs. State of West Bengal, AIR 1974 SC 816 are followed.

Kalla alias Surendra Jat Versus State of Madhya Pradesh and others