PETALING JAYA: A High Court has ruled that applications by enforcement authorities to detain a suspect for investigation must be heard by the court within 24 hours of arrest.
Judicial Commissioner Kan Weng Hin of the Johor Baru High Court said magistrates must not treat this duty lightly but must perform it zealously as guardians of the constitution.Kan said this when releasing S Thineshbalan on Feb 6 after setting aside a magistrate’s order to detain him issued the previous day.
SPONSORED CONTENT Sabah revenue hits RM6.97 billion: Hajiji says GRS State Government may see full term Kota Kinabalu: The Sabah Government continued its momentum in managing the economy in line with the commitment and spirit of the Sabah Maju Jaya when it posted record high state revenue of RM6.973 billion last year. Read more Thineshbalan was arrested at Jalan Masai Lama, Johor at 6am on Feb 4 after a car chase which began at Jalan Permai Utara.
At the remand application, his lawyer objected to the extension of the remand on grounds that it was issued after a 24-hour time-frame prescribed by Sections 28 and 117 CPC.The judge noted that although a suspect is usually upon arrest taken to a police station for processing, Section 28 provides that the calculation of the 24-hour time period excludes travel time between the place of arrest to the magistrate.
“Article 5 of the constitution and Section 28 of the CPC clearly states that the detainee must be produced before a magistrate before the expiration of the 24 hours from the date of arrest,” Kan said in his 11-page judgment.
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