KUALA LUMPUR: The High Court has decided in favour of a former anti-crime activist who sued the government for false imprisonment and assault.
Ikuti Mynewshub: Telegram
Judge Ahmad Bache said R Sri Sanjeevan, the ex-Malaysian Crime Watch Task Force chairman, had proved his case on the balance of probability.
“The declaration that the plaintiff was detained for 16 days under a preventive law is unlawful and is in breach of Article 5(2) of the Federal Constitution,” the judge said in an online proceeding.
Ahmad said the court found Sanjeevan, 36, had also been tortured and assaulted during his detention.
The judge, who ordered RM40,000 in costs to Sanjeevan, said damages would be assessed later.
Counsel S Preakas and V Satchi represented Sanjeevan, while senior federal counsel Norfuzani Mohd Nordin represented the government.
Sanjeevan was arrested for alleged involvement in criminal activities on July 10, 2016 and produced before a magistrate the following day.
The magistrate issued a 21-day remand order under the Prevention of Crime Act (Poca).
Before the expiry of the remand, he filed a habeas corpus application for unlawful arrest.
Another High Court judge ordered Sanjeevan’s release on July 26, 2016, due to a breach of a provision in Poca.
Sanjeevan filed the suit three years ago, asking for a declaration and damages.
He named investigating officer Poonam E Keling, the inspector-general of police and the government as defendants.
The government in its defence denied the arrest was unlawful and said the assault did not take place.
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