[1]The Applicant applied for a writ of Habeas Corpus to be issued against his detention by the police under subsection 4(5) Security Offences (Special Measures) Act 2012 Act 747] (“ SOSMA ”) and the Anti-Trafficking In Persons And Anti-Smuggling of Migrants Act 2007 [Act 670] (“ATIPSOM”).

[2]The Application was filed by way of a Notice of Motion dated 1.7.2023 (Enclosure 1) supported by the Affidavit affirmed by the Deponent who is the Applicant’s wife (Enclosure 2) and also filed together with a Certificate of Urgency (Enclosure 3). The Application was first mentioned on 4.7.2023, and the Application was fixed for Hearing on 13.7.2023.

[3]On the Hearing date of the Application (13.7.2023), this Court was informed that the Applicant has been charged under section 26DATIPSOMCourt at Baling on 12.7.2023, which was a day before the Hearing date before this Court, and the Applicant was denied bail by the Sessions Court pursuant to section 13 of SOSMAsection 4(5)SOSMACourt.

[4]The Applicant however submitted that although the Applicant is no longer detained under section 4(5)SOSMAcourt, the Application cannot be rendered academic. Whereas the Respondent submitted that upon the Applicant