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1998 (7) TMI 680 - SC - FEMAOrder of detention revoked - Held that:- Since, the validity of the order of detention had been put in issue through a writ petition and the High Court returned no findings on the merits of the case, the petitioner was entitled to question the order of detention while assailing the proceedings initiated under SAFEMA against her. To deny her that right on the ground that after twenty years the challenge to the order of detention could not be received was unjust and improper. Since, there had been no adjudication on the merits of the order of detention by the High Court, though the order had been challenged, the High Court ought to have gone into the question of validity of the order of detention, since the existence of such an order was the sine-qua-non for initiating proceedings under SAFEMA. The order of detention had been challenged and that challenge was not unsuccessful on merits. Appeal allowed - remand the writ petition to the High Court to be disposed of on merits.
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