Arun Ghosh v. State of West Bengal

Facts

• Arun Ghosh was detained under preventive detention law on grounds of maintaining public order.
• He challenged the detention arguing his acts affected only law and order, not public order.
• The question of where to draw the line between the two concepts arose.

Issue

1. What distinguishes a disturbance of "public order" from a mere "law and order" problem?

Held

• Public order is narrower than law and order. Every breach of peace affects law and order, but only those affecting the community at large affect public order.
• Analogy: Imagine a pebble thrown in a pond. The ripples closest to the pebble represent individual disturbance (law and order). The widest ripple, reaching the banks, represents public order.
• Test: Does the act affect the even tempo of life of the community? If yes → public order. If it affects only individuals → law and order.
• The distinction determines which preventive powers can be invoked.

Ratio Decidendi

Public order and law and order exist on a spectrum. The State's extraordinary preventive powers (S.163 BNSS, preventive detention) are justified only for disturbances affecting the community at large. Private disputes, individual crimes, and localized conflicts are law and order issues handled through regular criminal process.