https://www.taxtmi.com/caselaws?id=279205 A detention order passed during an emergency, if not challenged during the emergency or while it remained operative, cannot ordinarily be reopened when later used as the basis for SAFEMA action. The controlling principle drawn from Attorney General for India v. Amratlal Prajivandas is that the relevant failure is the omission to challenge the detention at the proper time, not later attempts to question it. Authorities involving earlier challenges that became infructuous were distinguished. Prior withdrawal of a writ petition did not alter the result, and the later challenge to the detention order was held not maintainable. en-us Thu, 06 Dec 2012 00:00:00 +0530 Thu, 07 Mar 2019 15:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279205 A detention order passed during an emergency, if not challenged during the emergency or while it remained operative, cannot ordinarily be reopened when later used as the basis for SAFEMA action. The controlling principle drawn from Attorney General for India v. Amratlal Prajivandas is that the relevant failure is the omission to challenge the detention at the proper time, not later attempts to question it. Authorities involving earlier challenges that became infructuous were distinguished. Prior withdrawal of a writ petition did not alter the result, and the later challenge to the detention order was held not maintainable. Case-Laws FEMA Thu, 06 Dec 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279205