Nallini Pathmanathan FCJ:

Introduction

[1] Every habeas corpus application made to this Court brings to the fore the competing concerns of national security and individual liberty, in respect of which the right balance must be achieved, in accordance with the provisions of the Federal Constitution (FC) and, from a broader perspective, the rule of law.

[2] The instant appeal involved one Dhinesh Tanaphll. He was the detainee and appellant here ('Dhinesh') who was ordered to be preventively detained at a rehabilitation centre known as Pusat Pemulihan Khas Bentong, Pahang for a period of two years pursuant to a detention order dated 31 October 2019, issued by the Prevention of Crime Board Chairman under s 19A (1) of the Prevention of Crime Act 1959 (' POCA '). We were not accorded the benefit of sighting the Statement of Facts or the reasons for his detention under .

[3] Dhinesh sought to secure his release by applying for a writ of habeas corpus pursuant inter alia, to art 5(2) of the Federal Constitution and s 365 of the Criminal Procedure Code.

Chronology of Salient Facts Relating To Dhinesh's Detention Under POCA

[4] The salient facts relating to his appeal are as follows: