MARY JASMINE Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(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.) LEARNED counsel appearing for the petitioner has challenged the above order of detention by raising the following grounds :-