In a recent verdict, the Sessions Court awarded RM145,000 in damages to Dr. Ranjeet Singh, a private medical practitioner, for what was deemed an unlawful arrest and a breach of his constitutional rights. The incident, which occurred nearly three years ago in Seri Kembangan, Selangor, saw Dr. Singh's residence being raided by police officers in the early hours of the morning.
Judge Zulqarnain Hassan, presiding over the case, ruled in favor of Dr. Singh, asserting that the government had failed to uphold his rights as guaranteed by the Federal Constitution. The judge emphasized that Dr. Singh had successfully proven his case on the balance of probabilities, leading to the decision to award damages. Additionally, Dr. Singh was granted RM13,000 in costs associated with the legal proceedings.
In his statement of claim, Dr. Singh recounted the events of that fateful night. He detailed how he was asleep at 1 am on August 12, 2021, when a group of policemen conducted a raid on his residence at Green Park Residence and subsequently arrested him. Dr. Singh alleged that during the arrest, he was subjected to inhumane treatment and oppressive behavior by the officers involved.
Crucially, Dr. Singh highlighted several violations of due process during his arrest. He pointed out that the police failed to inform him of the grounds for his arrest and did not adhere to the stipulations outlined in Section 23 of the Criminal Procedure Code. According to Dr. Singh, there was no reasonable suspicion to justify the raid and subsequent arrest.
The aftermath of the incident left Dr. Singh grappling with post-traumatic stress disorder, underscoring the profound impact of the unlawful arrest on his well-being and mental health.
In his legal action, Dr. Singh named the investigating officer, raiding officer, government, and inspector-general of police as defendants. He sought various forms of damages, including special, general, exemplary, and aggravated damages. Additionally, Dr. Singh sought a declaration from the court affirming the unlawfulness and unconstitutionality of his arrest.
Representing Dr. Singh were Counsel VR Satchitanandan, S Preakas, and Chan Hoo Yan, who diligently pursued justice on behalf of their client. On the opposing side, Senior Federal Counsel Afiq Nazrin Zaharinan acted on behalf of the government.
This ruling serves as a reminder of the importance of upholding the rights of individuals, even in the context of law enforcement activities. Dr. Singh's case underscores the significance of adherence to due process and respect for constitutional rights in safeguarding the fundamental liberties of citizens.
Source: Free Malaysia Today
felixwrite is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
The User Content (as defined on Newswav Terms of Use) above including the views expressed and media (pictures, videos, citations etc) were submitted & posted by the author. Newswav is solely an aggregation platform that hosts the User Content. If you have any questions about the content, copyright or other issues of the work, please contact Newswav.