11 Nov 2022
POOVANESWARAN A/L RAVE
- Citation
- AA-44-64-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-44-64-10/2022 (Mahkamah Tinggi)
Detention beyond the first 24 hours was unlawful because the prosecution failed to produce any evidence (written authorisation, affidavit, police diary entry or official record) that a police officer of or above the rank of Superintendent had authorised the extension under SOSMA s4(5); on habeas corpus the detaining authority bears the burden to prove lawfulness and failed to do so, therefore writ of habeas corpus must issue for immediate release.