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1999 MarsdenLR 1589

ABDUL WAHAB PATAIL
DASTHIGEER MOHAMED ISMAIL – Appellant
Versus
KERAJAAN MALAYSIA – Respondent


Advocates:
For the appellant - Hamid Sultan Abu Backer; M/s Hamid Sultan & Rakan-rakan For the respondents - Mohd Fauzi Mohd Nasir; DPPReported by Sherin Kunhibava & Usha Thiagarajah

JUDGMENT

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

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