Unlawful detention: Apex court allows leave for MyWatch ex-chief to appeal

Former Malaysian Crime Watch Task Force (MyWatch) chairperson R Sri Sanjeevan obtains leave to commence appeal for a declaration that his 16-day detention under the Prevention of Crime Act 1959 (Poca) as unlawful.

A three-person Federal Court bench chaired by Mary Lim Thiam Suan in a majority 2-1 decision allowed Sanjeevan's application for leave to appeal, paving the way for future hearing of the appeal's merits.

Lim and fellow bench member Abdul Karim Abdul Jalil make up the majority ruling allowing the appeal leave, with bench member Rhodzariah Bujang being the sole dissenting judgment.

Sri Sanjeevan is appealing against a Court of Appeal ruling last year that quashed a lower court’s decision that found the 39-year-old had suffered false imprisonment.

On June 28, 2022, Kuala Lumpur High Court Judge Ahmad Bache allowed Sri Sanjeevan’s civil suit for false imprisonment, and ordered general, exemplary and aggravated damages to be paid to him.

The judge also ordered damages to be assessed in a separate future hearing.

Ahmad Bache also granted a declaration that Sri Sanjeevan’s detention was unlawful and a declaration that his rights under Article 5(1) of the Federal Constitution had been breached by Poonnam and found the officer liable for unlawfully detaining Sri Sanjeevan.

The court also found the IGP and government vicariously liable for Poonnam’s actions.

The media previously reported that Sri Sanjevaan sued investigating officer Poonnam E Keling, the inspector-general of police (IGP) and the government, alleging he was wrongly detained by Poonnam for 16 days from July 10 to 26, 2016 - and that he was also assaulted and had also sought damages for losses and injuries suffered by him.

Sri Sanjeevan was arrested under Poca for alleged involvement in criminal activities on July 10, 2016, and was produced before a magistrate the following day who issued a 21-day remand order.

Before the expiry of the 21-day remand period, Sri Sanjeevan filed a habeas corpus application to secure his release from detention.

The High Court allowed his application on July 26, 2016, due to a breach of a mandatory procedure under Poca.

The government filed an appeal to the Federal Court but subsequently withdrew the appeal.

Sri Sanjeevan then filed a civil action against the police and government for false imprisonment.

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