PUTRAJAYA: The Court of Appeal has allowed the appeal by the police and government to overturn the High Court‘s decision in declaring former Malaysian...
The unanimous decision was made by three-member bench Justices Datuk S. Nantha Balan, Datuk See Mee Chun and Datuk Azimah Omar in an online proceedings today.: The Court of Appeal has allowed the appeal by the police and government to overturn the High Court‘s decision in declaring former Malaysian Crime Watch Task Force chairman R. Sri Sanjeevan’s 16-day detention under the Prevention of Crime Act 1959 as unlawful.
“The Federal Court’s decision in 2022 cannot be applied in the present case as the detention was made six years before the Apex Court declared Section 4 of POCA to be unconstitutional. “It could be manifestly unjust for us now to condemn the magistrate for issuing the impugned Magistrate’s warrant and for the first defendant to call the plaintiff under remand when they have done so in reliance of the provisions which was still lawful and constitutional,” she said.
Justice Azimah said the court also cited all the relevant documentation leading up to the issuance of the impugned Magistrate warrant that all bore the plaintiff’s signature admission that he was well aware and informed that arrest and remand was actuated under Section 4 of POCA. Sri Sanjevaan, 38, sued the investigating officer ASP Poonnam E Keling, the Inspector-General of Police and the Government of Malaysia, claiming he was wrongly detained by Poonnam for 16 days from July 10 to 26, 2016, and that he was also assaulted and had also sought damages for losses and injuries suffered by him.
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