27 Jan 2022
ABDUL RAZAK BIN SAMAH 1) TIMBALAN MENTERI DALAM NEGERI, MALAYSIA 2) PENGUASA KANAN, PUSAT PEMULIHAN AKHLAK, BATU GAJAH, PERAK 3) KERAJAAN MALAYSIA
- Citation
- PB-44-7-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PB-44-7-04/2021 (Mahkamah Tinggi)
Most procedural challenges failed on precedent establishing limited scope of judicial review of ministerial detention under Act 316, but the mandatory requirement in Rule 3(2) Advisory Board Procedure Rules that two copies of Form I be sent to the Advisory Board was not complied with (only one copy sent/received). That procedural non‑compliance was held to be mandatory and fatal to the validity of the detention order; therefore habeas corpus was granted and applicant ordered released immediately.