ORDER :

S.M. Subramaniam, J.

[PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in Detention order C3/D.No. 39/2024 dated 08.07.2024 on the file of the second respondent and quash the same and direct the respondents herein to produce the body of the detenue Bannu @ Sarathkumar, M/A 38 years, son of Sabapathi, now confined in Central Prison, Vellore before this Court and set him at liberty.]

The impugned order of detention passed by the second respondent in proceedings No. C3/D.O.No.39/2024 dated 08.07.2024 is sought to be quashed in the present habeas corpus petition.

2. The learned Counsel appearing on behalf of the petitioner would mainly contend that there was a delay in considering the representation submitted by the detenue under Act 14 of 1982.

3. Delay in considering the representation is vital, more specifically in preventive detention cases. The detention power conferred under Act is extremely powerful and that have the ability to confer arbitrary power to the State. In such circumstances, where there is a possibility of an unfattered discretion of power by the Government, the Court must analyse cases