30 Jan 2019
DENESH A/L SENTILVASAN 1. LEMBAGA PENCEGAHAN JENAYAH 2. PENGUASA KANAN, PUSAT PEMULIHAN KHAS, BENTONG, PAHANG
- Citation
- BA-44-238-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-238-08/2019 (Mahkamah Tinggi)
The detaining authority failed to comply with mandatory constitutional and statutory procedural safeguards (Article 151 and POCA provisions and regulations), failed to discharge the burden of proof (including failure to file material affidavits), failed to register required identifying particulars (photo and fingerprints) and failed to act with all convenient speed in submitting Form 4A; as a result the detention was unlawful and habeas corpus was granted, with immediate release of the applicant.