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2009 MarsdenLR 4268 ; 2009 MarsdenLR 1

ZAKI TUN AZMI, ZULKEFLI MAKINUDIN, GOPAL SRI RAM
DARMA SURIA RISMAN SALEH – Appellant
Versus
MENTERI DALAM NEGERI MALAYSIA – Respondent


JUDGMENT

Gopal Sri Ram FCJ:

[1] The appellant was arrested pursuant to the provisions of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 ("the Ordinance) on 4 April 2008. An order was made by the Minister under s. 4(1) of the Ordinance detaining the appellant for a period of two years. A statement of facts of the same date was served on the appellant in accordance with s. 4(4). These two provisions read as follows:

4(1) If the Minister is satisfied that with a view to preventing any person from acting in any manner prejudicial to public order it is necessary that that person should be detained, or that it is necessary for the suppression of violence or the prevention of crimes involving violence that that person should be detained, the Minister shall make an order directing that that person be detained for any period not exceeding two years.

4(4) Whenever any person is detained under any order made under sub-section (1) he shall, in accordance with Article 151 of the Constitution, as soon as may be:

(a) be informed of the grounds of this detention;

(b) subject to Clause (3) of the said Article (which provides that no authority may be required to disclose facts w

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