Unexplained eight-day delay in deciding detainee’s representation leads Madras High Court to quash detention order

The Commissioner of Police detained Shanmugapandi as a “Goonda” under Section 2(f) of the Tamil Nadu Act 14 of 1982 by order dated 26 June 2026.

He challenged the detention by habeas corpus petition.

His representation, dated 2 July 2026, was received by the Government on 8 July 2026, and the rejection letter was sent on 20 July 2026.

The petitioner contended that the delay in considering the representation was unexplained; the Court’s review of the Government’s proforma disclosed an unexplained delay of eight days in the processing period recorded in columns 4 to 14.

Whether the Government’s unexplained delay in considering the detenu’s representation rendered his continued detention unlawful.

Article 22(5) of the Constitution requires a detenu’s representation to be considered and disposed of “as soon as may be,” with urgency and without avoidable delay; although the Constitution prescribes no fixed period, an unexplained delay may breach that constitutional obligation and invalidate continued detention.

Relying on *Rajammal v. State of Tamil Nadu*, (1999) 1 SCC 417, the Court stated that the number of days is not determinative; the relevant question is whether the delay has been properly explained.

The Court also relied on *Ummu Sabeena v. State of Kerala*, 2011 STPL (Web) 999 SC, regarding the constitutional importance of procedural safeguards and prompt consideration of a detenu’s representation.

The Government received the representation on 8 July 2026 and sent the rejection letter on 20 July 2026.

The proforma showed an eight-day delay in the relevant processing columns, and the State offered no acceptable explanation for it.

Applying Article 22(5) and the cited authorities, the Court held that the delay’s lack of explanation—not merely its duration—made the continued detention impermissible.

It allowed the habeas corpus petition, set aside the detention order dated 26 June 2026, and directed that Shanmugapandi be released forthwith unless required in connection with another case.