PUTRAJAYA: The Courtroom of Enchantment has allowed the attraction by the police and authorities to overturn the Excessive Courtroom‘s determination in declaring former Malaysian Crime Watch Activity Pressure (MyWatch) chairman R. Sri Sanjeevan’s 16-day detention underneath the Prevention of Crime Act 1959 (POCA) as illegal.
The unanimous determination was made by three-member bench Justices Datuk S. Nantha Balan, Datuk See Mee Chun and Datuk Azimah Omar in a web-based proceedings right this moment.
Justice Azimah, when studying out the judgment stated the Excessive Courtroom had erred when permitting Sri Sanjeevan’s swimsuit based mostly on the Federal Courtroom’s ruling in a distinct case on POCA.
“The Federal Courtroom’s determination in 2022 can’t be utilized within the current case because the detention was made six years earlier than the Apex Courtroom declared Part 4 of POCA to be unconstitutional.
“We discover that this case doesn’t retrospectively apply towards the remand underneath Part 4 of POCA which came about greater than 5 years earlier than the Federal Courtroom’s verdict in 2022,” she stated and ordered Sri Sanjeevan to pay RM60,00 in prices.
The decide stated a retrospective software could be totally chaotic and problematic as it could open the floodgates for any and all remands underneath the identical provision to turn out to be unconstitutional or illegal even if the remand was lawfully unconditionally carried out throughout the time when the supply was lawful and constitutional.
“It may very well be manifestly unjust for us now to sentence the Justice of the Peace for issuing the impugned Justice of the Peace’s warrant and for the primary defendant to name the plaintiff underneath remand after they have accomplished so in reliance of the provisions which was nonetheless lawful and constitutional,” she stated.
Justice Azimah additionally stated the Excessive Courtroom decide had erred find that the bodily abuse allegation may very well be utilized in claiming false imprisonment.
“It was misdirection on the a part of the discovered decide to contemplate the allegation of bodily abuse. This bodily abuse throughout detention doesn’t type the premise for a declare for false imprisonment,” she stated.
Justice Azimah stated the courtroom additionally cited all of the related documentation main as much as the issuance of the impugned Justice of the Peace warrant that every one bore the plaintiff’s signature admission that he was nicely conscious and knowledgeable that arrest and remand was actuated underneath Part 4 of POCA.
“This concern was not even raised within the plaintiff’s written submission and it was solely raised throughout the listening to of the attraction.
“It will be inappropriate for us to contemplate this rivalry when the appellants weren’t given any alternative to problem the rivalry throughout the trial,” she stated.
Sri Sanjevaan, 38, sued the investigating officer ASP Poonnam E Keling, the Inspector-Common of Police (IGP) and the Authorities of Malaysia, claiming he was wrongly detained by Poonnam for 16 days from July 10 to 26, 2016, and that he was additionally assaulted and had additionally sought damages for losses and accidents suffered by him.
On June 28 final yr, Excessive Courtroom decide Datuk Ahmad Bache allowed Sri Sanjeevan’s civil swimsuit for false imprisonment and ordered basic, exemplary and aggravated damages to be paid to him.
He ordered damages to be assessed in a separate listening to at a later date.
The decide additionally granted a declaration that Sri Sanjeevan’s detention was illegal and a declaration that his rights underneath Article 5(1) of the Federal Structure had been breached by Poonnam and located Poonnam to be answerable for unlawfully detaining Sri Sanjeevan and the IGP and the federal government have been each vicariously answerable for Poonnam’s actions.
Sri Sanjeevan was arrested underneath POCA for alleged involvement in felony actions on July 10, 2016, and was produced earlier than a Justice of the Peace the next day who issued a 21-day remand order.
Earlier than the expiry of the 21-day remand interval, Sri Sanjeevan filed a habeas corpus software to safe his launch from detention.
The Excessive Courtroom allowed his software on July 26, 2016, resulting from a breach of a compulsory process underneath POCA.
The federal government filed an attraction to the Federal Courtroom however subsequently withdrew the attraction. Sri Sanjeevan then filed a civil motion towards the police and authorities for false imprisonment. -BERNAMA