6 Apr 2021
LIM KEAN BOON (NO.K/P: 861202-35-5403) 1. ) 1. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA 2. ) 2. PENGUASA KANAN, PUSAT PEMULIHAN AKHLAK, BATU GAJAH, PERAK
- Citation
- PA-44-16-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-44-16-03/2020 (Mahkamah Tinggi)
The detention order was invalid and ultra vires because the grounds and factual averments did not allege that the applicant was a member of or acted with a 'substantial body of persons' as required by Article 149 and the Preamble read into Act 316; accordingly the preventive detention power could not lawfully be exercised in this case. Other procedural complaints were dismissed as unproven or not material to the validity of the detention order.