In what is known to be a test case, a 25-year-old former personal driver has filed an application challenging the constitutionality of the amended Prevention of Crime Act 1959 in the High Court in Kuala Lumpur.

R Sureshwaran, of Kota Damansara, Selangor, has been placed under police supervision in Parit Bakar in Muar, Johor, for three years.

After a 15-minute hearing on May 5, the Crime Prevention Board decided to place him under police observation for three years for taking part in a triad initiation ceremony.

The application was filed by law firm of Daim & Gamany today.

Sureshwaran wants the police supervision order dated May 29 and the inquiry findings dated May 5 to be declared null and void.

He named the Crime Prevention Board, the inspector-general of police, the home minister and the government as respondents.

His lawyers, N Surendran and Latheefa Koya, along with Sureshwaran's wife R Bathma and their one-year-old son, were present during the filing.

A person detained under the PCA is not allowed legal representation and will be detained for 59 days before being brought before the board, which will make its decision on the case, Latheefa said.

This is the reason, said Surendran who is also the MP for Padang Serai, why the opposition vehemently challenged the authorities in the passing of the amendments as the changes to the PCA were a replacement to the repealed Internal Security Act.

“The PCA is just like the ISA. Sureshwaran was not allowed to have a lawyer to represent him before the board. We are concerned that it (the repealed ISA) is being used by the authorities under the PCA, like in this case,” Surendran said.

No prior conviction

He said Sureshwaran had no prior criminal conviction and despite this, he was ordered to be placed under police supervision in Parit Bakar for three years, with his movements limited as he is required to report to the police station three times a week.

In Sureshwaran's supporting affidavit, he said he was arrested by the police at his mother's car wash outlet and taken to the Subang Jaya district police office.

“Initially, I was remanded for 21 days by the court in Shah Alam court and this was extended to another 38 days to May 29 by the Shah Alam court,” he said.

“During my remand, I was questioned for 15 minutes by an inquiry officer on my presence at a triad initiation ceremony held at Batu Caves. I denied I was a member of the triad. My mother appointed the law firm to review the findings of the inquiry,” he said in his affidavit.

However, Sureshwaran said, he did not receive any feedback from the Crime Prevention Board, which oversees the inquiry, and he was subsequently ordered to move to Parit Bakar, and with this, he and his family are now displaced.

Bathma ( above, carrying the child ) said as a result of being placed under police supervision, her husband had to report to the Parit Bakar police station three days in a week and he found it difficult to gain any employment.

“This has resulted in him not being able to make any income to support the family and this makes our livelihood difficult,” she said.

As a result, she said, he had to file this application.

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