The state is the custodian of authority that is based on law and enforced by law enforcement agencies. Hence all those who are empowered to enforce the law cannot be law breakers. They must perform their duties as prescribed by law.
The Public Order Act aims to differentiate public and private places and gives authority to the law enforcement agents to safeguard how public space is utilised in a lawful manner. As individuals operating in public space law enforcement agents would have to have evidence to reasonably and justifiably suspect that somebody has committed or is about to commit a crime to step in to deal with the circumstances in a legal manner. Where the law enforcement agents are empowered to issue permit, they should only reject an application if there is evidence reasonably justifying the existence of a threat to commit a crime.
It is therefore important that prerogative to exercise might should be exercised under the ambit of the law. This is what is meant by the rule of law and not the rule of might.
