Gopal Sri Ram JCA:

[1] The facts of this case are fairly simple. On 6 September 1994, the Deputy Home Minister issued a warrant of arrest for the arrest of the appellant pursuant to s 2(i) of the Restricted Residence Act (Chap 39). The appellant was arrested on 20 September 1994. He was taken to the Klang Police Station and then sent to Pudu Prison where he was detained for a further 30 days. On 19 October 1994, the Minister ordered that the appellant be detained for three months at Mukim Dabong, Kuala Krai, Kelantan effective from the date of the order However the appellant was only brought to the Dabong Police Station on 20 October 1994 where he was detained for several hours. The appellant was then instructed to spend four nights at the house of the OCS, Sergeant Major Ismail before being released at Mukim Dabong, Kuala Krai, Kelantan to commence his term of restricted residence there.

[2] In a summons taken out before the High Court, the appellant challenged, by way of declaratory relief, his restricted residence at Mukim Dabong, Kuala Krai as being illegal and void on the ground that his arrest and the other action taken against him by the police immediately preceding hi