26 May 2022
THIAGESH A/L SUNDERU 1. ) KETUA POLIS NEGARA,MALAYSIA 2. ) MENTERI DALAM NEGERI
- Citation
- BA-44-89-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-89-03/2022 (Mahkamah Tinggi)
Although most procedural and substantive challenges to arrest and detention under s3(1)/s3(2) were without merit, the detention exceeding 30 days in the Teluk Intan police lock-up was unlawful because the Respondent failed to prove Ministerial authorization under Prison Act s7 for that place to be used beyond the statutory limits; that non-compliance rendered the detention unlawful and justified the grant of a writ of habeas corpus and immediate release.