Single Act Triggering Communal Tension Can Disturb Public Order; NSA Detention Upheld

The Allahabad High Court upheld detention under the National Security Act (NSA), holding that even a single incident capable of inciting communal tension can threaten public order. The Court differentiated between “law and order” and “public order,” emphasising that when an act has potential to destabilize communal harmony, preventive detention becomes justified. The Court stressed that authorities must record subjective satisfaction with proper material, but the threshold for invoking NSA is met when the act’s consequences extend beyond an individual offence and impact public tranquility. The judgment reiterates that preventive detention laws, though exceptional, remain constitutional when used proportionately to prevent large-scale disturbance. It warns against courts trivializing acts with communal implications and affirms that the State must proactively prevent violence.