Abdul Wahab Patail J:

The tortuous facts of this application are as follows:

The applicant Dasthigeer bin Mohamed Ismail is the father of one Shahul Hameed bin Dasthigeer (the arrested person). The latter was arrested on 19 January 1999 pursuant to Kajang Police Report 424/99 lodged on 10 January 1999. On the next day, the Magistrates' Court remanded the applicant for one week until 27 January 1999 under remand order 57/99. The remand order was further extended for a period of 3 days until 30 January 1999. Notwithstanding that there was no further remand order, the applicant, according to his counsel, was kept in police custody. According to his counsel, he was brought before the magistrate, charged and released on police bail of RM4000 on 4 February 1999. As soon as bail was posted, he was re-arrested under Dang Wangi Police Report 177/99. He was remanded by the Kuala Lumpur Magistrate's Court until 10 February 1999. This remand was extended to 18 February 1999.

On the next day, a habeas corpus application No. 44-4-99 (the first application) was filed by counsel on behalf of the applicant. The application was heard on 13 and 15 February 1999. The court had rejected the habeas corpus application but exercised its revisionary powers to shorten the period of remand to 15 February 1999.

The arrested person was released upon the order having been communicated, but within minutes of release, was re-arrested at 6.00 p.m. under Dang Wangi Police Report 33638/98 lodged on 25 December 1998. Because of intervening public holidays he was brought before the Magistrate's Court on 18 February 1999 where he was remanded to 27 February 1999.

The applicant filed another writ of habeas corpus (the second application) on 25 February 1999.

On 27 February 1999 he was released on police bail of RM2000 in respect of that Dang Wangi Police Report 33638/98. He was however arrested at the same time under Tun HS Lee Police Report 396/99 lodged on 5 January 1999, and on this separate report he was remanded until 5 March 1999.

The Kajang Police Report 424/99, Dang Wangi Police Report 177/99, Dang Wangi Police Report 33638/98 and Tun HS Lee Police Report 396/99 are classified under i) sections 392, 397 Penal Code read with s. 34; ii) sections 302 and 397 Penal Code; iii) sections 392 and 397 Penal Code; and iv) section 148 Penal Code respectively.

The First Application

Strictly speaking, the first application is not relevant to the current application. However the second application repeats the basis of the first application as is evident from the supporting affidavit to the second application. In deference to counsel's request that a ruling on the questions of law involved is desirable, and since the same questions are applicable in the second application, I accede to that request.

In his supporting affidavit to the first application the applicant had deposed that upon being informed of re-arrest of his son on February 4, 1999 under the Dang Wangi Police Report:

11. Dengan serta-merta saya telah mengarahkan Peguamcara saya untuk bertanya di Mahkamah Majistret Jalan Raja tentang lokasi anak saya. Sesalinan surat kepada Majistret Jalan Raja dikemukakan, ditunjukkan kepada saya dan ditandakan di sini sebagai Ekshibit "DM-3".

12. Pada had yang sama, Peguamcara saya telah pergi ke Mahkamah Majistret Jalan Raja di mana Tuan Pendaftar telah memaklumkan bahawa anak saya sebenarnya telah dibawa ke Mahkamah Majistret Jalan Raja pada 3 hb Februari, 1999 dan telah direman. Perintah Reman diberikan oleh Puan Majistret Lailatul Zuraida binti Harun.

Peguamcara saya telah pergi berjumpa dengan Puan Majistret dan Puan Majistret telah memberitahu Peguamcara saya untuk merujuk kepada Balai Polis, Jalan Dang Wangi.

13. Pada had yang sama juga iaitu 4 hb Februari, 1999 Peguamcara saya telah membuat pertanyaan di Balai Polis Jalan Dang Wangi.

Seorang pegawai bernama Korporal Latipah telah mengesahkan kepada Peguamcara saya bahawa anak saya telah pun dibeb