Important PointWhere in preventive detention order, detenu was in custody in criminal cases "imminent possibility" of detenue coming out on bail as observed by detaining authority when was merely ipse dixit unsupported by any material, detention order could not be sustained.

Headnote:Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video Pirates Act, 1982 —Section 3—Preventive Detention order on ground that appellant was a "goonda"—Grounds of detention disclosed there were seven cases against him and appellant was alleged claiming to be a spritual mentor exploited females sexually and cheated people—Order was challenged before High Court on ground that instances in detention order created law and order problem and did not affect public order—High Court dismissed the writ—Appeal—Appellant was in jail when detention order was passed—Question was even though appellant was in custody on the date order of detention was passed, whether on basis of material detention order was justified?—Order of detention was passed just 12 days after dismissal of bail application by High Court and nothing on record to show that appellant had made any preparation for filing bail application—"Imminent possibility" of appellant coming out on bail was merely ipsi dixit of detaining authority unsupported by any material—Detention order was liable to be quashed.
       Held : The order of detention itself notices the fact that the appellant had moved an application for grant of bail before the Principal Sessions Court which was rejected on November 17, 2004. The appellant had moved another bail application before the High Court which was withdrawn on December 3, 2004. The detaining authority noticed that the appellant had not moved any bail application subsequently but it went on to state that there was imminent possibility of appellant’s coming out on bail by filing another bail application before the Sessions Court or the High Court since in similar cases bails are granted by the Sessions Court after a lapse of time. The order of detention was passed on December 15, 2004 i.e. merely 12 days after the dismissal of the bail application by the High Court. There is nothing on record to show that the appellant had made any preparation for filing a bail application, or that another bail application had actually been filed by him which was likely to come up for hearing in due course. (Para 12)
       We are satisfied that for the same reason the order of detention cannot be upheld in this case. The bail applications moved by the appellant had been rejected by the Courts and there was no material whatsoever to apprehend that he was likely to move a bail application or that there was imminent possibility of the prayer for bail being granted. The "imminent possibility" of the appellant coming out on bail is merely the ipse dixit of the detaining authority unsupported by any material whatsoever. There was no cogent material before the detaining authority on the basis of which the detaining authority could be satisfied that the detenue was likely to be released on bail. The inference has to be drawn from the available material on record. In the absence of such material on record the mere ipse dixit of the detaining authority is not sufficient to sustain the order of detention. There was, therefore, no sufficient compliance with the requirements as laid down by this Court. These are the reasons for which while allowing the appeal we directed the release of the appellant by order dated December 13, 2005. (Para 14)
       Result : Appeal allowed.

Judgment

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 tranquility. 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 bail

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