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2024 Supreme(Mad) 1243

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


Advocates:
Advocate Appeared:
For the Petitioner: M. Rajasekaran.
For the Respondent: E. Raj Thilak.

ORDER :

Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, calling for the records in Memo No. 654/BCDFGISSSV/2024 dated 10.06.2024 on the file of 2nd respondent herein to set aside the same and direct the respondents to produce the detenue i.e., the body of Ramachandran, S/o. Kanniyappan, male, aged about 42 years the detenue detained Under Act 14 of 1982 in detention order Memo No. 654/BCDFGISSSV/2024 dated 10.06.2024 herein now confined in Central Prison, Puzhal before this Court and set him at liberty.

1. The order of detention passed by the 2nd respondent in Memo No. 654/BCDFGISSSV/2024 dated 10.06.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The order of detention sought to be assailed and the fact as narrated would reveal that, there is a delay of six days in considering the representation. The delay in considering the representation and the period during which the detenu was under detention would be construed as violation of the Constitutional mandatory

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