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2024 Supreme(Mad) 1190

S. M. SUBRAMANIAM, V. SIVAGNANAM
Malaiyandi – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared
For the Appellant : Mr.C.C.Chellappan
For the Respondents: Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER :

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records, relating to petitioner's detention under Tamil Nadu Act 14 of 1982 vide detention order dated 21.05.2024 on the file of the second respondent herein made in proceedings No.557/BCDFGISSSV/2024 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner namely Malaiyandi, aged 29 years, son of Rethinam, before this Court and set him at liberty.

The order of detention passed by the Commissioner of Police, Greater Chennai in proceedings No.557/BCDFGISSSV/2024 dated 21.05.2024 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 c

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