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2024 Supreme(Mad) 1149

S. M. SUBRAMANIAM, R. SAKTHIVEL
Russia – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition and Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B.M. Santharam
For the Respondent: Mr. E. Raj Thilak, Additional Public Prosecutor

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 entire records connected with the detention order of the second respondent in No. 519/BCDFGISSSV/2024 dated 16.05.2024 and quash the same and direct the respondents to produce the body and person of detenue namely Sadham @ Sadham Hussain S/o. John Basha aged 24 years detained in Central Prison, Puzhal, Chennai before this Court and set him at liberty.

The impugned order of detention passed by the second respondent in proceedings No.519/BCDFGISSSV/2024 dated 16.05.2024 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 Governmen

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