NH Chan JCA:

I have had the advantage of reading the judgment in draft of My Lord Mokhtar Sidin JCA and I agree with him that the appeal of the plaintiff should be dismissed and the appeal of the defendants allowed.

Gurcharan Singh (the plaintiff) was a detainee under the Internal Security Act 1960 (ISA). He was an airman in the Royal Malaysian Air Force where he served as an aircraft technician. He was cashiered from the air force before he became a detainee under the ISA. He was detained for two years by a detention order dated 3 November 1989 made by the Minister for Home Affairs under s. 8(1) of the Act. Section 8(1) reads:

8(1) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years. (emphasis supplied)

Under s. 8(1) there a