THE legality of the 2011 state of emergency (SoE) and the powers used to detain 17 people without charge will now be determined by the Privy Council.

On Tuesday, the United Kingdom- based court reserved judgment to a later date in a landmark appeal brought by Assistant Commissioner of Police (ACP) Earl Elie, Ashmeed Mohammed and Dominic Pitilal, who are challenging decisions that upheld the validity of the emergency measures imposed 15 years ago.

The case is the first challenge arising from a state of emergency in this country to reach the final appellate court, and its outcome could have implications for other legal proceedings involving preventive detention orders (PDOs), including challenges arising from more recent emergency measures. The three appellants were among a group of men detained after the August 2011 SoE was declared by the then-People's Partnership government amid concerns over national security.