The main legal point established is that the principles of preventive detention, including the requirement of an imminent possibility of release on bail, must be satisfied to justify a detention order.

Judgement

B. P. SINGH, J. :- This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Madras, Chennai in H.C.P. No. 34 of 2005 whereby the High Court dismissed the habeas corpus petition filed by the appellant and upheld his detention under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) (hereinafter referred to as the Act). The detaining authority finding the appellant to be a goonda under the provisions of the Act and there being a compelling necessity to detain him in order to prevent him for indulging in such further activities in future which were prejudicial to the maintenance of public order passed the impugned order of detention on 15th December, 2004.

2. The appeal came up for hearing before us on December 13, 2005. Since the order of detention was coming to an end on December 14, 2005 we heard the counsel for the parties and while allowing the appeal set aside the order of detention and directed the release of the appellant. We hereby give the reasons for our order made on December 13, 2005.

3. The appellant was detained by an order passed in exercise of powers conferred by sub-section (1) of Section 3 of the Act on the ground that he was a goonda within the meaning of the Act and that there was a compelling necessity to detain him in order to prevent him from indulging in such further activities in future which were prejudicial to the maintenance of the public order. The grounds of detention disclose that there were as many as 7 cases registered against the appellant. The complaints in those cases disclosed that the appellant claiming to be a spiritual mentor attracted large number of followers including females. In one case he had exploited the wife and the elder daughter of the complainant sexually and had also abducted his wife and daughter. In another case it was alleged that he cheated the wife of the complainant of jewellery worth Rs. 6,00,000/- promising to cure her of cancer, and it was later discovered that she was not suffering from any such ailment. Similarly on various false assurances given to other complainants he had deprived them of substantial sums of money taking advantage of the faith reposed in him by them as a spiritual person.

4. Before the High Court it was submitted on behalf of the appellant that the instances given in the detention order, at best, created a problem of law and order and did not in any manner adversely affect public order. The allegations were to the effect that taking advantage of the faith reposed in him, he cheated many of his followers of substantial amounts making false promises and giving false assurances. In one case there was also an allegation of sexually exploiting the wife and daughter of the complainant. These instances did not raise question of public order as the acts complained of were directed against particular individuals which did not disturb the society to the extent of causing a general disturbance of public tranquillity. The acts did not cause disturbance of the public order at all.

5. The High Court negatived the contention and held that the grounds of detention disclose that the appellant had indulged in shocking and illegal activities which would be detrimental to the maintenance of public order. The subjective satisfaction of the detaining authority was well founded.

6. Before us the same submission was advanced as was advanced before the High Court. However, Shri K.T.S. Tulsi, learned Senior Counsel appearing for the appellant, in addition to the aforesaid submission, advanced a second submission that in the facts and circumstances of the case, as is evident from the record itself as well as the order of detention, the appellant was already in custody when the order of detention was passed. There was no imminent chance of his being released on bai