The Civil High Court today allowed a father leave for a revision of his son’s detention order under the Emergency Ordinance (Public Security and Crime Prevention) 1969 for alleged involvement in robbery and motorcycle theft.
Judge Mohd Zawawi Salleh also allowed M Panir Selvam’s application for a writ to release and free his 18 year-old son from the restrictions imposed and ordered on him.
Zawawi made the decision in chambers after senior federal counsel Mohd Zin Ismail for the Deputy Home Minister, Negeri Sembilan police chief, Inspector-General of Police and the government, did not object to the application.
The applicant’s counsel Daniel Albert told reporters that all parties would have to file their affidavits before hearing begins.
He said the case had been fixed for mention before the deputy registrar on June 28. The application was filed on April 19 in the Kuala Lumpur High Court.
Panir Selvam filed for a declaration that the order under Section 4A(1) of Emergency Ordinance (Public Security and Crime Prevention) 1969 dated March 11 by first respondent (Deputy Home Minister) was invalid, illegal and unlawful.
He claimed that his son was detained on Dec 21 last year and taken to Beranang police station and to Kajang police station the next day where he was beaten up on Dec 26 while under remand.
The youth was taken to Rawang police station and on Jan 5 taken to Seremban police station before ending up at Kajang police station on Jan 12 where he was detained 60 days under the Emergency Ordinance.
He was detained at Semenyih detention centre and on March 11 was taken to Kajang police station where Panir Selvam was told that his son was slapped with a restriction order.
The applicant argued that the ordinance could not be used on non-adults based on the Child Act 2001.
Bernama
28/05/10
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