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2024 Supreme(Mad) 1259

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


Advocates:
Advocate Appeared:
For the Petitioner: P. Praveen Kumar.
For the Respondent: E. Raj Thilak.

ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records relating to the detention order in Memo No. 715/BCDFGISSSV/2024, dated 25.06.2024 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's husband Joseph S/o. Kovilpichai aged about 43 years the detenue, now confined in Central Prison, Puzhal, Chennai before this Court and set him at liberty.

1. The preventive detention order dated 25.06.2024 passed by the second respondent 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 ana

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