- (1.)WIFE of the detenu has filed this Habeas Corpus Petition for quashing the order of detention dated 18. 11. 2006 passed by the Commissioner of Police, Chennai under Section 3 (1) read with 3 (2) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) on the allegation that the detenu is a Goonda within the meaning of the said Act.
(2.)THE order of detention dated 18. 11. 2006 was executed on 19. 11. 2006. Subsequently, copy of the grounds of detention was served on 23. 11. 2006. In the grounds of detention it is indicated that four persons including the detenu had formed a Trust in the name of "alleluiah Full Gospel Ministries Mission India and Weaker Section Development Service Trust of India with the aim of constructing dwelling houses for the poor public by getting foreign aid. It is further stated that the detenu was a member of the Trust. In the grounds of detention reference has been made to several incidents wherein the President, Secretary and Members of the Trust are alleged to have cheated several contractors by requiring them to make deposits as Earnest Money Deposit. It is further stated that when the persons came to know of the fraud, they had asked for refund of the amount deposited, but such persons were threatened. In the grounds of detention reference has been made to several cases registered under Sections 406, 420, 341, 323, 506 (2) read with 34 IPC and it is further indicated that investigation was going on. In the above background, the detaining authority concluded :-
"3. . . . Hence, I am satisfied that Thiru J. D. Solomon is habitually committing crimes and has cheated about 560 persons under the guise of offering construction work by abusing and misusing religious position as Rev. Father and collected huge money to the tune of Rs. 6. 5 Crores as Earnest Money Deposit. Further there was total commotion among the members of the Christian community an they were mentally disturbed very much because of the nefarious activities of Thiru. Joseph Solomon, Thiru. Issac Samuel and Thiru. J. D. Solomon holding responsible position in the community made them to bow their head since caused serious hurt to the community. Having regard to the amplitude of the gravity of the offence, perpetrate in an organized and systematic manner not only against the victims, but also against the civilized society at large will amount to disturbance of pubic order and thus he has acted in a manner prejudicial to the maintenance of public order and as such he is a Goonda as contemplated under Section 2 (f) of the Tamil Nadu 14 of 1982. By committing the above described grave crime he has cheated a number of persons under the guise of offering construction work and collected huge money to the tune of Rs. 6. 5 Crores as Earnest Money Deposit has created alarm and a feeling of insecurity in the minds of the people of the area and thereby acted in a manner prejudicial to the maintenance of public order.

4. I am aware that Thiru. J. D. Solomon is in remand in Central Crime Branch "x" Crime Nos. 775/2006, 789/2006, 790/2006, 791/2006, 792/2006, 795/2006 and 796/2006 and has moved bail applications before the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai, in Crl. M. P. No. 1300/2006 in "x" Crime No. 775/2006 and the same was dismissed. Another bail application was filed before the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai in "x" Crime No. 775/2006 and the same is pending. I am also aware that it is very likely of his coming out on bail since in similar cases bails are granted by the same Court. I am also aware that there is real possibility of his coming out on bail by filing another bail application before the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai in "x" Crime Nos. 789/2006, 790/2006, 791/2006, 792/2006, 795/2006 and 796/2006 since in similar cases bail orders are granted by the same Court. If he comes out on bail, he will indulge in further activities, which will be prejudicial to the maintenance of public order. Further the recourse to normal criminal law would not have the desired effect of effectively preventing him from indulging in such activities, which are prejudicial to the maintenance of public order. On the materials placed before me, I am fully satisfied that the said Thiru. J. D. Solomon is a Goonda and that there is a compelling necessity to detain him in order to prevent him from indulging in such further activities in future which are prejudicial to the maintenance of public order under the provisions of the Tamil Nadu Act 14 of 1982. "

(3.)LEARNED counsel appearing for the petitioner has challenged the above order of detention by raising the following grounds :-
(1) The conclusion of the detaining authority that the detenu, who was in custody, likely to be released on bail is based on incorrect particulars and there has been non-application of mind on the above aspect. (2) There has been delay in disposal of the representation and the communication of the result thereof. (3) The conclusion that the detenu has cheated about 560 persons is not based on any material and at any rate materials in support of such conclusion has not been furnished to the detenu. (4) The conclusion of the detaining authority that it is necessary to detain the detenu to prevent him from acting in a manner prejudicial to the maintenance of public order is vitiated as the incidents relied upon by the detaining authority can only give rise to law and order situation and the question of affecting public order did not arise keeping in view the nature of the alleged offences committed.