JUDGMENT V. Dhanapalan, J. 1. The petitioner is the detenu and he has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 2nd respondent passed in Memo No.852/BDFGISSV/2013, dated 29.08.2013. 2. The detenue came to adverse notice in the following cases: S.No. Police Station and Crime No. Sections of Law 1. J-6 Thiruvanmiyur Police Station Crime No.706/2010 379 IPC 2. J-6 Thiruvanmiyur Police Station Crime No.2213/2011 457 and 380 IPC. 3. J-6 Thiruvanmiyur Police Station Crime No.936/2013 457 and 380 IPC. The ground case alleged against the detenu is one registered on 06.08.2013 by the Inspector of Police, J-6 Thiruvanmiyur Police Station in Crime No.1127/2013 for offences under Sections 341, 294(b), 336, 397 & 506(ii) IPC. 3. Though the learned counsel for the petitioner raised several grounds to assail the impugned order of detention, he mainly focused his arguments on the question of delay in consideration of the petitioner's representation, which has not been properly explained by the respondents. Therefore, it would vitiate the rights guaranteed under Article 22(5) of the Constitution of India. 4. We have heard Mr.P.Govindarajan, learned Additional Public Prosecutor on the above point and perused the records. 5. On a perusal of the list informing the course of consideration of the petitioner's representation, it is seen that the Detention Order was passed on 29.08.2013; the detenu made a representation to the detaining authority dated Nil and it was received by the competent authority on 10.10.2013; remarks were called on 17.10.2013 and only on 28.10.2013 remarks were received and file was submitted on 29.10.2013; the Under Secretary dealt with it on 29.10.2013, the Deputy Secretary dealt with it on 29.10.2013; on 31.10.2013, the Minister (Electricity, Prohibition and Excise) dealt with it and rejected it on 05.11.2013. 6. Verification of the above dates and events would clearly show that there is unexplained delay of more than 5 days between 17.10.2013, the date on which remarks were called for and 28.10.2013, the date on which remarks were received, excluding holidays. The said delay is not explained by the competent authority. 6. Verification of the above dates and events would clearly show that there is unexplained delay of more than 5 days between 17.10.2013, the date on which remarks were called for and 28.10.2013, the date on which remarks were received, excluding holidays. The said delay is not explained by the competent authority. Therefore, it is apparent that there has been an inordinate and unexplained delay in consideration of the petitioner's representation and the same contradicts the requirement of Article 22(5) of the Constitution of India and the consequence thereof is in infringement of the right of Article 21 of the Constitution of India. 7. Accordingly, the impugned detention order passed by the second respondent in BDFGISSSV No.852/2013 dated 29.08.2013 is hereby quashed and the Habeas Corpus Petition is allowed. The detenu, namely Nondi Murugan @ Murugan S/o Kanniyappan in this case is set at liberty forthwith, unless his custody is required in connection with any other case.