PUTRAJAYA: The Federal Court today dismissed an appeal brought by former anti-crime activist R. Sri Sanjeevan, who had sued the government and police for damages for alleged false imprisonment under the Prevention of Crime Act 1959 (POCA).
A three-judge panel consisting of Justices Datuk Harmindar Singh Dhaliwal, Datuk Abdul Karim Abdul Jalil and Datuk Vazeer Alam Mydin Meera unanimously ruled that the investigating officer, ASP Poonnam E Keling, cannot be held liable for false imprisonment.
The panel also held that the Inspector-General of Police (IGP) and the government cannot be held vicariously liable in the absence of liability on the part of the alleged primary tortfeasor.
In reading the court’s decision, Justice Vazeer said Sri Sanjeevan’s detention was in accordance with the Magistrate’s detention warrant and was not without a lawful judicial order.
He said Poonam was simply executing the judicial order issued by the magistrate.
Justice Vazeer said Sanjeevan’s habeas corpus application for his release from detention was allowed on a technicality — the place of detention listed in the warrant was not a gazetted detention facility. He added that this mistake could not be attributed to Poonnam.
The panel ordered Sri Sanjeevan to pay RM50,000 in legal costs.
In the court’s decision, Justice Vazeer also said a detainee who obtained a habeas corpus would still need to file a separate tort action for damages or compensation, adding that a successful habeas corpus application would not automatically form the basis for a civil action for damages.
Sri Sanjeevan, 40, had filed a suit against Poonnam, the IGP and the government, seeking a declaration that his detention from July 10 to 26, 2016 was unlawful.
The former chairman of the Malaysian Crime Watch Task Force (MyWatch) sought general, aggravated and exemplary damages.
On June 28, 2022, the High Court ruled in favour of Sri Sanjeevan, ordering damages to be assessed in a separate hearing. However, the Court of Appeal overturned the High Court’s decision in September 2023, after allowing appeals from the police and government.
Sri Sanjeevan was arrested on July 10, 2016, under POCA for alleged involvement in criminal activities. The following day, a magistrate issued a 21-day remand order. Before the remand period ended, Sri Sanjeevan filed a habeas corpus application, which resulted in his release on July 26.
In allowing Sri Sanjeevan’s habeas corpus application, the High Court held that there was a breach of mandatory procedures under POCA. The government initially appealed the decision to the Federal Court but later withdrew the appeal.
Sri Sanjeevan then pursued a civil suit against the police and government for false imprisonment.
In today’s proceedings, lawyers S. Preakas, Satchitanandan Vedha Ratnam and Komal Vijay Sheth represented Sri Sanjeevan while senior federal counsels Mohammad Al-Saifi Hashim, Nur Ezdiani Roleb, Liew Horng Bin and Mohd Zain Ibrahim represented the police and the government.
