Sri Sanjeevan a/l Ramakrishnan 1. ) ASP Poonnam E Keling 2. ) Ketua Polis Negara, Malaysia 3. ) Kerajaan Malaysia

Sri Sanjeevan a/l Ramakrishnan 1. ) ASP Poonnam E Keling 2. ) Ketua Polis Negara, Malaysia 3. ) Kerajaan Malaysia

Detention was unlawful because the condition for arrest under POCA (suspicion of organised violence) was not satisfied and the remand/detention breached mandatory procedural requirements (Section 4(1)(a) POCA); the habeas corpus ruling stood and rendered the remand period unlawful; the First Defendant committed the tort of false imprisonment in the course of employment and the Second and Third Defendants are vicariously liable; failure by Defendants to call material witnesses and produce photographs justified adverse inference and left Plaintiff's evidence of physical abuse unrebutted; accordingly Plaintiff entitled to declaratory reliefs and damages with quantum to be assessed.

Citation
WA-21NCvC-25-05/2019 (Mahkamah Tinggi)
Parties
First Defendant / Appellant: ASP Poonnam E Keling; Second Defendant / Appellant: Ketua Polis Negara, Malaysia; Third Defendant / Appellant: Kerajaan Malaysia; Respondent / Plaintiff: Sri Sanjeevan a/l Ramakrishnan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 June 2022
Case Number
WA-21NCvC-25-05/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Claim for False Imprisonment and Constitutional Breach / Judgment After Full Trial (remedy Assessment to Follow)
Outcome
Plaintiff's claims allowed on the balance of probabilities; declarations granted; damages to be assessed in separate hearing; costs awarded to Plaintiff.
Legal Topics
False Imprisonment, Habeas Corpus, Vicarious Liability, Prevention of Crime Act 1959, Article 5 Federal Constitution, Adverse Inference for Non Production of Evidence
Source Language
Malay/English
Tort Constitutional Law Administrative Law Criminal Procedure Evidence Law False Imprisonment Habeas Corpus Vicarious Liability +3 more

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Parties

ASP Poonnam E Keling

First Defendant / Appellant

Ketua Polis Negara, Malaysia

Second Defendant / Appellant

Kerajaan Malaysia

Third Defendant / Appellant

Sri Sanjeevan a/l Ramakrishnan

Respondent / Plaintiff

Procedural Posture

Civil Claim for False Imprisonment and Constitutional Breach / Judgment After Full Trial (remedy Assessment to Follow)

Legal Issues

  1. 1 Whether detention from 10.7.2016 to 26.7.2016 was lawful
  2. 2 Whether Second and Third Defendants are vicariously liable
  3. 3 Whether the Plaintiff was physically abused while detained

Ratio Decidendi

Detention was unlawful because the condition for arrest under POCA (suspicion of organised violence) was not satisfied and the remand/detention breached mandatory procedural requirements (Section 4(1)(a) POCA); the habeas corpus ruling stood and rendered the remand period unlawful; the First Defendant committed the tort of false imprisonment in the course of employment and the Second and Third Defendants are vicariously liable; failure by Defendants to call material witnesses and produce photographs justified adverse inference and left Plaintiff's evidence of physical abuse unrebutted; accordingly Plaintiff entitled to declaratory reliefs and damages with quantum to be assessed.

Court Disposition

Plaintiff's claims allowed on the balance of probabilities; declarations granted; damages to be assessed in separate hearing; costs awarded to Plaintiff.

Orders

  • Declaration that the Plaintiff's detention during the relevant period was unlawful
  • Declaration that the Plaintiff's rights under Article 5(1) of the Federal Constitution were breached