Hishamudin Mohd Yunus J:

[1] In the present case, the plaintiff is claiming against the defendants for damages for the tort of false imprisonment as well as for the tort of assault and battery.

[2] At the material time the plaintiff was employed in various capacities in a number of companies. The first Defendant at the material time was a police officer with the rank of Assistant Superintendent of Police attached to the Special Branch Department, Police Headquarters (IPK), Kuala Lumpur The second Defendant is the Inspector-General of Police. The claim against the third Defendant, that is the Federal Government, is for vicarious liability in respect of the torts of the first and second Defendants.

[3] Briefly, the plaintiff alleges that he was unlawfully arrested without a warrant of arrest by a group of Special Branch officers led by the first Defendant at about 10 o'clock at night on 25 September 1998. The arrest occurred in front of his house, as he was returning home and after he had just alighted from a car driven by a friend. He was not clearly told by the first Defendant of the reason for the arrest. He was only vaguely told that he was arrested under the Internal Securi