UMA MAHESWARI Vs. DEEPIKA

JUDGEMENT

(1.) M.P. No. 1 of 2013, in H.C.P. No. 2604 of 2012, had been filed by one Uma Maheshwari, wife of Saravanan, praying that this Court may be pleased to accept her affidavit filed in support of the said petition and to take into consideration the facts and circumstances, as narrated therein, and the documents filed by the petitioner. The learned counsel appearing on behalf of the petitioner had submitted that a number of complaints have been filed against the detenu, who has been acting on behalf of the Aphro Trust. The detenu and the others, who have been acting on behalf of the Aphro Trust, had cheated a large number of persons stating that they would be given loans to start their own business and for other purposes. A number of self-help groups had been formed and a large number of members had been enrolled in the self-help groups, for obtaining the loans. More than 6,000 such self-help groups had been formed in the states of Tamil Nadu, Andhra Pradesh, Karnataka and Puducherry. The detenu, acting on behalf of the Aphro Trust, had swindled huge amounts of money amounting to several crores of rupees, causing deleterious effects on the society. The fraud committed by the detenu and the others, said to be representing the Aphro Trust, is of a huge magnitude, having adverse consequences on the lives of several thousands of persons. The petitioner is one of the aggrieved persons, who has a serious interest in the outcome of the investigation being conducted against the detenu and the others, who had cheated the public, with impunity. The petitioner has the duty to inform the authorities concerned, including this Court, about the seriousness of the issue and the far reaching consequences of the fraud committed by the detenu and his henchmen, as per Clause 2 of Section 39 of the Code of Criminal Procedure.

(2.) It had also been submitted that the facts placed before this Court, by the petitioner, would be of assistance to the public prosecutor in pursuing the matter. The victims of the fraud committed by the detenu and the others, said to be representing the Aphro Trust, have the same fundamental rights as that of the detenu.

(3.) It has been further stated that, even after the preventive detention order has been passed, the detenu and his henchmen had continued to cheat the people by issuing various notices by way of various publications in the newspaper. They have been making fresh promises stating that the activities of the trust would be revived, after the detenu is released from custody.