(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the first respondent, dated 5.10.2012, made in G.O. No. SR. 1/143-9/2012, and quash the same, and to produce the detenu, namely, Mohamed Haniffa Jafar, son of Mohamed Hanifa, aged about 43 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty. The petitioner has stated that the second respondent had passed the impugned detention order, dated 5.10.2012, under Section (1)(i) of the Conservation of Foreign Exchange and Prevention of Smuglling Activities Act, 1974, (Central Act 52 of 1974), directing the detention of Mohamed Hanifa, in the Central Prison, Madurai.
(2.) Even though various grounds had been raised by the petitioner, in the present Habeas Corpus petition, while challenging the impugned detention order, dated 5.10.2012, the learned counsel appearing on behalf of the petitioner had submitted that the said detention order in G.O. No. SR. 1/143-9/2012, is liable to be set aside, merely on the ground of delay in the disposal of the representation, dated 19.10.2012, made on behalf of the detenu.
(3.) The learned counsel appearing on behalf of the petitioner had submitted, inter alia, that there has been an inordinate and unexplained delay in disposing of the representation, dated 19.10.2012, submitted on behalf of the detenu, to the Union of India, the second respondent, herein. Therefore, the impugned detention order, dated 5.10.2012, is liable to be set aside.
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