Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Advisory board process
  • 31 Jan 2023

    ALAKESAN A/L SIVALINGAM

    Citation
    BA-44-270-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-44-270-10/2022 (Mahkamah Tinggi)

    High Court held that there was procedural non‑compliance: detention of the applicant in Teluk Intan police lockup for 44 days exceeded the 30‑day limit under s7 Prison Act 1995 as applied by Gazette P.U.(B)85/2006 and no ministerial authorization for extended use of that lock‑up under the DD Act was shown; consequently the detention was unlawful and a writ of habeas corpus was granted. All other challenged grounds lacked merit as non‑procedural or were not established.