Kerajaan tak boleh keluar perintah tahanan bercanggah terhadap pekerja ladang
Pesuruhjaya Kehakiman S Kalyana Kumar berkata Lembaga Penasihat di bawah KDN tidak ada kuasa mengarahkan supaya penahanan seseorang digantung dan diteruskan pada masa yang sama
The High Court in Muar ruled in favor of Nor Qusyairee Norazrul Faiz in his habeas corpus petition challenging his detention at the Simpang Renggam Moral Rehabilitation Centre, Johor. The Malaysian Judicial Advisory Board (KDN) had overstepped its legal authority by ordering the continued suspension of Nor Qusyairee's bail while holding it in limbo simultaneously, according to Senior Public Prosecutor S Kalyana Kumar.
The Act of Dangerous Drugs (Special Measures for Prevention) 1985 provides three distinct options for the institution, namely to continue the bail suspension, postpone it, or rescind it. However, the board cannot combine two distinct decisions by proposing to continue and postpone the bail suspension. The judgment now allows Nor Qusyairee to challenge his detention at the Simpang Renggam Moral Rehabilitation Centre.
The authorities failed to provide satisfactory explanations regarding the purpose of the suspension and its correlation with the subsequent imposition of the bail suspension. Kalyana also found the authorities refused to grant the 25-year-old petitioner access to his own records during the police investigation. The relevant officer admitted that the petitioner's recorded answers during the questioning session had been included in a report submitted to the deputy minister.
However, Nor Qusyairee's request for a copy of the record was denied on the grounds that the report was difficult to reproduce. The judge concluded that the authorities' denial of the petitioner's requested record was an infringement on a crucial procedural safeguard in challenging his detention. The court emphasized that lifting the bail suspension would not rectify any flaws in the initial detention process, even if the petitioner had violated the conditions imposed upon his release.
The judge ordered the petitioner's immediate release unless another valid bail suspension is in place. Nor Qusyairee was represented by Jayarubbiny Jayaraj, while Attorney General Khairulhazman Ghazali appeared for the respondent.
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.
