Court rules govt cannot issue conflicting detention order against farm worker
Judicial Commissioner S Kalayana Kumar says the home ministry’s advisory board does not have the power to order that a person’s detention be suspended and continued at the same time.
The High Court in Muar has ruled that the Ministry of Home Affairs' advisory board overstepped its legal authority by recommending a conflicting detention order against a farm worker. Judicial Commissioner S Kalyana Kumar stated that the board could only make one of three recommendations under the Dangerous Drugs (Special Preventive Measures) Act 1985: continue, suspend or revoke a detention order.
Recommending both continuation and suspension was deemed ultra vires, or beyond the board's powers. The ruling grants Nor Qusyairee Norazrul Faiz, the 25-year-old applicant, the opportunity to contest his detention at the Simpang Renggam Moral Rehabilitation Centre in Johor. The court also found the authorities opaque about the meaning behind their recommendation and its connection to the suspension.
Moreover, they denied Faiz access to a transcript of his testimony during an inquiry conducted by the ministry's inquiry officer, citing confidentiality. Kalyana noted that providing redacted portions of Faiz's answers could have satisfied the procedural safeguard requirement. Even if Faiz violated conditions of his release, the court ordered his immediate release unless another lawful detention order applied.
Faiz's legal representative, Jayarubbiny Jayaraj, and senior federal counsel Khairulhazman Ghazali argued on his behalf.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
