7 Jan 2021
ZULHILMIE BIN ZAHARI 1. MENTERI DALAM NEGERI, MALAYSIA 2. PUSAT PEMULIHAN AKHLAK MACHANG, KELANTAN
- Citation
- DA-44-12-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-44-12-07/2020 (Mahkamah Tinggi)
The arrest was unlawful because the respondents failed to adduce affidavit evidence from the arresting officer proving that the applicant was informed of the grounds of arrest as required by s 28A CPC and Article 5(3); the burden to prove procedural compliance rested on the detaining authority and failure to prove compliance rendered the arrest and consequent preventive detention unlawful, entitling the court to grant habeas corpus and order immediate release.