JITHY ABHILASH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Writ of Habeas Corpus is filed by Smt. Jithy Abhilash, seeking a direction to the respondents to produce her husband Abhilash Thomas, S/o. Thomas, now detained in 3rd respondent 's Prison, Hyderabad, before this Court and to order his release forthwith after declaring that his detention is illegal and invalid and set aside the orders passed by the 2nd respondent vide P.D. Act No.41/PD-CELL/CYB/2021, dated 24.04.2021, and consequential orders of the 1st respondent approving the detention vide G.O.Rt.No.1016, General Administration (SPL. (Law and Order) Department, dated 03.05.2021.

(2.) On the other hand, learned Assistant Government Pleader for Home, appearing on behalf of the learned Advocate General submits that in the above referred cases, the detenu obtained bail from the Court concerned, but mere granting of bail does not absolve the detenu from the offences committed by him and that the 2nd respondent has already moved a petition before this Court for cancellation of bail. It is further submitted that the essential concept of preventive detention is not to punish him for something he has done, but to prevent him from doing it. In support of his contention, he relied on the Constitutional Bench Judgment of the Apex Court in Haradhan Saha v. State of West Bengal AIR 1974 SC 2154. It is also submitted that the detenu is treated as "White Collar Offender " as he has been habitually and continuously engaging himself in illegal activities by cheating the innocent unemployed youth, college students, retired employees, working people, house wives and general public by enrolling them as members into M/s. Indus Viva Health Sciences Private Limited in a binary method through promoters in the guise of direct selling. He induced the members to join the company 's scheme by paying money into company bank accounts towards purchase of products to earn huge commissions every month. After joining the scheme, he used to inform them to join other members in 1:1 ratio under their down-line to earn money or commissions. The entire system of his enrolment of members into his company is a Pyramid scheme where the initial members keep benefiting from the joining of new members under their down-line and the latest members, who could not join any more members would lose the money they invested in the scheme. As such it is largely affecting the interest of public interest and thereby public order. As such, it cannot be said the offences committed by the detenu relates to 'law and order ' and does not affect 'public order '.

(3.) In view of the aforesaid rival submissions, the point that arises for consideration is "Whether the detention order, dated 24.04.2021 passed by the 2nd respondent, and the confirmation order, dated 03.05.2021 passed by the 1st respondent, are liable to be set aside or not ".