SRIKANTH Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) The petitioner has challenged the order of preventive detention passed under Section 3(1) of the Act 14 of 1982. Even though several contentions has been raised by the learned counsel for the petitioner, it is not necessary to refer to all the contentions, as in our opinion, the order of preventive detention is liable to be quashed on a ground relating to non-disposal of the representation made by the petitioner before the detaining authority.

(3.) The order of detention was passed on 27.02.2003 by the Commissioner of Police, Greater Chennai. In ground No.(VII), the petitioner has specifically asserted that the representation sent by him to the second respondent, namely, the Commissioner, on 06.03.2003 was not considered. It has been stated that "The non consideration of this representation violates Article 22(5) of the Constitution of India".