JUDGMENT

Aslam Zainuddin JC:

[1] In this case the sole issue that arose was whether in a habeas corpus application, once the detenu is no longer under the detention of the respondents, but is being remanded by an order of court as opposed to the earlier detention under the Security Offences (Special Measures) Act 2012 Act 747 (" SOSMA "), the matter has become academic and therefore can be dismissed without going into the merits of the complaint. The brief undisputed facts of the case are that the appellant was detained on 20 June 2021 under s 4 of for 28 days until 17 July 2021 to be investigated under s 130V of the Penal Code because he was suspected of being a member of an organised criminal group. However, on the 13 July 2021 the appellant was charged in the Kuala Lumpur Sessions court under the said provision of the Penal Code and was remanded by the court. Hence the respondents raised a preliminary objection on the return day of the motion that the application for a writ of habeas corpus has become academic. After perusing the submissions and authorities filed by the parties, I agreed with the respondents and dismissed the motion. My reasons now follow.

The Law

[2] Article 5