Judgment : V. Dhanapalan, J. 1. The petitioner is the sister of the detenu and the detenu has been branded as a "Goonda" as contemplated under Tamil Nadu Act 14 of 1982 and detained under the order of the second respondent passed in Memo No.1424/BDFGISSV/2013 dated 24.10.2013. 2. As per the grounds of detention dated 24.10.2013, the detenu came to the adverse notice in the following cases :- Sl. No. Police Station & Crime No. Section of Law 1 H.6 K.K.Nagar Police Station Cr. No.895/2011 326 IPC @ 302 IPC 2 M.2 Madhavaram Milk Colony Police Station Cr.No.1329/2013 392 I.P.C. 3. In para 3 of the grounds of detention, it is stated that the detenu is also involved in the commission of the offence, which took place on 14.10.2013 at 9.00 hours, which led to the registration of a case by Inspector of Police, M.1 Madhavaram Police Station, in Crime No.1899 of 2013 for the offences under Sections 294(b), 336, 427, 392 r/w 397 and 506(ii) I.P.C. It is further stated that the detenu was arrested and produced before the learned Judicial Magistrate, Thiruvottiyur, Chennai on the same day and the detenu was remanded to judicial custody. The detaining authority, on being satisfied upon the materials placed before him that the activities of the detenu are prejudicial to the maintenance of public order, clamped the order of detention. Challenging the said order, the petitioner is before this Court by way of this habeas corpus petition. 4. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he mainly focused his argument on the ground that there is a delay in disposal of the representation dated 5.11.2013, which is violative of Article 22(5) of the Constitution of India and therefore, on this sole ground alone, the detention order is liable to be quashed. 5. We have heard the learned Additional Public Prosecutor on the above submission of the learned counsel for the petitioner and perused the records. 6. On a careful scrutiny of the impugned order, it is seen that the detaining authority has passed the order of detention on 24.10.2013 and on receipt of a copy of detention order, a representation dated 5.11.2013 was made to the authorities concerned, which was received on 7.11.2013, for which the remarks called on 11.11.2013 were received on 10.12.2013. 6. On a careful scrutiny of the impugned order, it is seen that the detaining authority has passed the order of detention on 24.10.2013 and on receipt of a copy of detention order, a representation dated 5.11.2013 was made to the authorities concerned, which was received on 7.11.2013, for which the remarks called on 11.11.2013 were received on 10.12.2013. On submission of the file on 11.12.2013, it was dealt with by both the Under Secretary and Deputy Secretary on the same day and thereafter, the file was submitted to the Minister on 16.12.2013. Finally the representation of the detenu was decided to be rejected vide letter dated 18.12.2013. 7. In this whole process, there occurred a delay of more than 20 days, namely, between 11.11.2013 and 10.12.2013, excluding the holidays, which would definitely cause great prejudice to the detenu and amount to an infringement of right ensured under Article 22(5) of the Constitution of India. Therefore, the impugned detention order cannot be sustained and is vitiated. 8. In the result, this habeas corpus petition is allowed and the impugned detention order made in Memo No.1424/ BDFGISSV/2013 dated 24.10.2013, is set aside. The detenu – Bismillah, son of Ansar Basha, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case. 9. However, in view of serious offences involved in this matter, it is open to the prosecution to effectively contest the matter before the Regular Court, uninfluenced by the above order. It is also made clear that this order shall not confer any right or advantage whatsoever to the detenu to claim anything before the Regular Court.