23 Feb 2022
CHAI MIN JIUN 1. ) MENTERI DALAM NEGERI MALAYSIA 2. ) KETUA POLIS NEGARA, MALAYSIA 3. ) PENGUASA KANAN, PUSAT PEMULIHAN AKHLAK SIMPANG RENGGAM, JOHOR
- Citation
- BA-44-262-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-262-07/2021 (Mahkamah Tinggi)
The High Court found two fatal procedural defects: (1) the officer failed to forward Form I to the Advisory Board in accordance with Rule 3(4) so as to cause delay in the representation process; and (2) the grounds of detention did not adequately plead or demonstrate that the detainee was part of a 'substantial body of persons' as required by Article 149 and Selva Vinayagam, meaning the detention could not be lawfully justified under the preventive detention statute. Those defects rendered the detention unlawful and justified immediate issuance of a writ of habeas corpus.