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2021 MarsdenLR 9585

HIGH COURT (JOHOR BAHRU)
SHAHNAZ SULAIMAN, JC
Ho Kim Long – Appellant
Versus
Ketua Polis Negara Malaysia & Ors and another – Respondent


Advocates:
(G Ravi) for the applicant.
Farah Ezlin bt Yusof Khan (Pejabat Penasihat Undang-Undang,Kementerian Dalam Negeri) for the respondent.

Shahnaz binti Sulaiman JC:

GROUNDS OF DECISIONINTRODUCTION

[1]This is an application for a writ of habeas corpus filed by both the applicants. This court dismissed the applications by both the applicants. This is the grounds of decision of this court in dismissing the applications for a writ of habeas corpus of both applicants.

BACKGROUND

[2]The applicants had sought a writ of habeas corpus from this court. The applications were filed on 27.09.2020. The applicants were issued police surveillance orders (perintah pengawasan polis) by Lembaga Pencegahan Jenayah under section 15Prevention of Crime Act 1959habeas corpus by both the applicants.

[3]Dissatisfied with the decision of this court, the applicants had appealed to the Federal Court. The Federal Court allowed the applicants’ appeal that the Electronic Monitoring Device is akin to physical detention and remitted the case back to this court to hear.

[4]Upon the applications being remitted to this court, the respondents sought to file affidavits. Learned counsel for the applicants objected to this. Respondents did not file affidavits in respond to the merits prior to the remittance of this case but reserved the right to file affidavits s

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