PUTRAJAYA: The Federal Court upheld a 34-year old Sabahan man’s release from detention under the preventive law.
A three-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat held that the explanation given by the officer over the delay of 36 days to submit the report to the Home Minister, in recommending or otherwise for further detention, was unsatisfactory.
The bench which also comprises Federal Court judges Datuk Seri Mohd Zawawi Salleh and Datuk Nallini Pathmanathan dismissed the appeal by the deputy home minister and the senior enforcer of the Simpang Renggam Behavioural Rehabilitation Centre to reinstate Awang Sari Lasikan’s detention.
In the court’s decision, Justice Tengku Maimun said records show that after Awang Sari’s fourth day of detention, there were no further investigations ensued, therefore there was no reason to delay the submission of the report.
She said the officers who are in charge of making the report were required to prioritise those cases because the liberty of the individuals, whose rights as a citizen are entitled to full recognition under the Federal Constitution, must be respected.
Justice Tengku Maimun said if excessive time was taken over the production of the report, it would affect the duration of the detention time, adding that if the report was issued early, the Home Minister may decide not to issue further orders and the person would be released immediately.
She, however, disagreed with the High Court which decided that Awang Sari’s detention order signed under the name “Muhyiddin” instead of the name on the MyKad and the Federal Government gazette, Mahiaddin Md Yassin was defective.
“We do not agree with the judicial commissioner. We are of the view that there is merit in the Home Ministry’s contention on this point as there was only one Home Minister of Affairs at the material time.
* Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss.
* Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
