Apex Court sets July 3 to hear Sanjeevan's appeal in unlawful detention suit

PUTRAJAYA: The Federal Court has fixed July 3 to hear former anti-crime activist R. Sri Sanjeevan’s appeal against the dismissal of a ruling in declaring his 16-day detention under the Prevention of Crime Act (Poca) 1959 as unlawful.

Sri Sanjeevan’s counsel S. Preakas confirmed the hearing date following case management conducted on Friday (June 14) before Federal Court senior assistant registrar Nurul Azuin Mohd Talhah.

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On Feb 20, the Federal Court three-man bench, in a majority decision, granted leave to Sri Sanjeevan to appeal against the Court of Appeal’s decision to dismiss his suit.

Sri Sanjeevan, 39, sued investigating officer Asst Supt Poonnam E. Keling, the Inspector-General of Police and the government, claiming he was wrongly detained by ASP Poonnam for 16 days between July 10 and 26, 2016.

The former chairman of the Malaysian Crime Watch Task Force (MyWatch) claims that he was also assaulted and is seeking damages for losses and injuries suffered.

On June 28, 2022, the High Court allowed Sri Sanjeevan’s suit for false imprisonment and ordered damages to be paid to him.

Justice Datuk Ahmad Bache also ordered damages to be assessed in a separate hearing at a later date.

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The Court of Appeal, however, overturned that decision after allowing the appeals by the police and the government in September last year.

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

Before the expiry of the remand period, Sri Sanjeevan filed a habeas corpus application to secure his release from detention, which was granted by the High Court on July 26, 2016, due to a breach of a mandatory procedure under Poca.

The government appealed to the Federal Court but subsequently withdrew the appeal.

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