R BASKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE order of preventive detention under COFEPOSA Act is in question.

(3.) LAW is well settled so far as Madras High Court is concerned, that any pre-detention representation made by or on behalf of the detenu is required to be considered by the detaining authority, if such representation is received reasonably ahead of passing of the order of detention. In the present case, such pre-detention representation was received on 04.08.2006 and the order of detention was passed by the LAW Minister on 09.08.2006. It is thus obvious that five days time were available to consider the representation.