In Brief
The Supreme Court dismissed two criminal appeals challenging detention orders under COFEPOSA and subsequent property forfeiture proceedings under SAFEMA. The key issue was whether a detention order passed before the 1975 Emergency, which was not revoked before the Emergency ended, could support SAFEMA forfeiture proceedings. The Court held that such detention orders form a valid foundation for SAFEMA unless they have been revoked or set aside. The Court rejected claims that the detention grounds were identical to an earlier MISA order, that they were communicated in an unknown language, or that the representation against detention was not considered. The property forfeiture was upheld. Both appeals were dismissed.
The lawyer headnote and full judgment text are available to registered users.