KUALA LUMPUR: A 34-year-old Sabahan who was detained under the preventive law was freed after a Shah Alam High Court ruled that his detention order, signed by Prime Minister Tan Sri Muhyiddin Yassin, was defective and void, as it did not use the premier's real name.
Lawyer Kamil Munim, who is part of the team representing Awang Sari Lasikan, said the court was of the opinion that ministers in carrying out their official function must use their names in their MyKad and the Federal Government gazette.
In the detention order sighted by The Star, the Prime Minister had signed on for Awang to be detained under Section 6(1) of the Dangerous Drugs Act (Special Preventive Measures) Act 1985 for two years from March 9, 2020, at a rehabilitation centre in Simpang Renggam, Johor.
The Pagoh MP, who was assuming the role of the Home Minister shortly after the change in government from Pakatan Harapan to Perikatan Nasional, had signed on the detention order under the name “Muhyiddin”, instead of the name on his MyKad and the Federal Government gazette, Mahiaddin Md Yassin.
After hearing submissions from both parties on Friday (April 2), Judicial Commissioner Norsharidah Awang allowed the habeas corpus application filed by Awang and ordered for the applicant to be released immediately.
Kamil said the decision by the court may affect other orders signed by the Prime Minister under the name "Muhyiddin".
Awang filed the habeas corpus application for his immediate release from detention through a notice of motion dated Sept 10, 2020.
He named the deputy home minister and the senior enforcer of the Simpang Renggam Behavioural Rehabilitation Centre as the first and second respondents respectively.
Federal Counsel Muhamad Safuan Azhar, who appeared for the respondents, confirmed the matter when contacted.
Lawyers Danial Amir and Zafran Zafri Mohd Zaini appeared for the applicant in Friday's proceedings.