27 Jan 2022
YOGALINGAM A/L GOVINDASAMY 1. ) TIMBALAN MENTERI DALAM NEGERI, MALAYSIA 2. ) KETUA POLIS NEGARA, MALAYSIA 3. ) Pengarah Pusat Pemulihan Akhlak Machang Kelantan
- Citation
- BA-44-122-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-122-04/2021 (Mahkamah Tinggi)
Although most procedural challenges failed (inconsistencies were typographical, provisions such as s.12 and s.16 are empowering not mandatory, and investigator's delay was reasonable), the detention order was unlawful because it failed to establish that the applicant was a member of a 'substantial body of persons' as required under Article 149 and interpreted in Selva Vinayagam; that deficiency alone justified issuing the writ and immediate release.