Federal Court grants Sanjeevan leave to appeal dismissal of civil suit

 

The Federal Court said R Sri Sanjeevan had met the requirements set out in law by posing a question of public importance in relation to his alleged false imprisonment. (Bernama pic)

PUTRAJAYA: A former anti-crime activist who sued the government for false imprisonment and assault has won leave to appeal to the Federal Court in a bid to reinstate a High Court decision given in his favour.

In a majority ruling, Justice Mary Lim said the legal question posed by R Sri Sanjeevan was one of public importance and therefore met the requirements set out in Section 96 of the Courts of Judicature Act 1964.

Justice Abdul Karim Abdul Jalil concurred with Lim, while Justice Rhodzariah Bujang dissented.

Sanjeevan had asked the apex court to determine whether an order issuing a writ of habeas corpus in respect of the remand of a person necessarily implies that his detention was not effected by law under Article 5(2) of the Federal Constitution, and amounted to false imprisonment.

Counsel Malik Imtiaz Sarwar, S Preakas, V Satchi, Khoo Suk Chi and Komal Vijay Seth represented Sanjeevan, a former chairman of the Malaysian Crime Watch Task Force.

The government was represented by senior federal counsel Al Saifi Hashim, Andi Razalijaya A Dadi, Nur Ediani Roleb and Safiyah Omar.

Sanjeevan was arrested for alleged involvement in criminal activities on July 10, 2016.

He was produced the following day before a magistrate who issued a 21-day remand order under the Prevention of Crime Act 1959 (Poca).

He filed a habeas corpus application for unlawful arrest before the expiry of his remand.

On July 26, 2016, a High Court judge ordered his release, ruling that the authorities had breached the provisions set out in Poca.

In 2018, Sanjeevan filed a civil suit for false imprisonment and assault, and sought a declaration and an award of damages.

He named investigating officer Poonam E Keling, the inspector-general of police and the government as defendants.

On June 28, 2022, the High Court entered judgment in his favour.

However, the judgment was set aside on Sept 15 last year by a three-member Court of Appeal bench.

Justice Azimah Omar, who delivered the judgment of the court, said the High Court had erred in law in its finding. She said Sanjeevan should have filed a separate claim for assault and battery. - FMT