Judgment V. Dhanapalan, J. 1. The petitioner is the wife of the detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 1st respondent passed in BDFGISSV No.1438/2013, dated 26.10.2013. 2. The detenu came to adverse notice in the following cases: S. No. Police Station and Crime No. Sections of Law 1 Cheyyur Police Station Crime No.759/2007 302 and 201 IPC 2 Cheyyur Police Station Crime No.388/20093 341, 302 IPC 3 P-4 Basin Bridge Police Station Crime No.1394/2012 307 IPC @ 307 r/w 34 IPC 4 S-12 Chitlapakkam Police Station Crime No.1089/2013 379 IPC 5 S-12 Chitlapakkam Police Station Crime No.1243/2013 379 IPC The ground case alleged against the detenu is one registered on 24.09.2013 by the Inspector of Police, S12 Chitlapakkam Police Station in Crime No.1265/2013 for offences under Sections 294(b), 392, 397, 427, 336 and 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 26.10.2013; the petitioner made a representation to the detaining authority on 11.11.2013 and it was received by the competent authority on 22.11.2013; remarks were called on 25.11.2013 and only on 03.12.2013 remarks were received and file was submitted on 05.12.2013; the Deputy Secretary dealt with it on 05.12.2013; on 10.12.2013, the Minister (Electricity, Prohibition and Excise) dealt with it and rejected it on 16.12.2013 and the rejection letter was prepared on 18.12.2013. 6. Verification of the above dates and events would clearly show that there is unexplained delay of more than five days i.e. between 25.11.2013, the date on which remarks were called for and 03.12.2013, 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 five days i.e. between 25.11.2013, the date on which remarks were called for and 03.12.2013, 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 first respondent in BDFGISSV No.1438/2013, dated 26.10.2013 is hereby quashed and the Habeas Corpus Petition is allowed. The detenu, namely Kannan @ Umai Kannan @ Madhan Kumarin this case is set at liberty forthwith, unless his custody is required in connection with any other case. 8. However, it is made clear that this order shall not preclude authorities concerned 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.