Syahredzan Johan said if Sanjeevan’s offences warranted arrest under Poca, the authorities should have arrested him under the Act from the very beginning.
“Why was there a need to detain him for 18 days before detaining him under Poca?
“We are not denying the police the room to carry out investigations as they should be given time to investigate, but an accused’s rights must also be protected.”
Syahredzan said at present, Sanjeevan has not even been charged under any law.
Yesterday, the Magistrate’s Court granted a remand order against Sanjeevan for 21 days under Poca.
Sanjeevan, who had in recent times exposed vice activities, was rearrested for the seventh time since first being detained on June 23 on suspicion of extorting RM25,000 in “protection money” from an illegal gambling syndicate.
Syahredzan said Sanjeevan’s lengthy detention was akin to punishing a suspect who had yet to stand trial.
“There has to be some balance between the needs of the police and the accused’s rights.”
Another lawyer, Melissa Sasidaran said if the police had sufficient evidence, then Sanjeevan should be tried in court and not detained under Poca, which is a law which permits detention without trial.
The numerous remand applications for Sanjeevan, she said, were “chain remands” which were against the law, as remand applications can only be made for a maximum of two times for each offence.
Melissa claimed that when the remand against Sanjeevan was denied, the police used Poca to detain him.
“This is an attempt by the police to circumvent the law and remand procedures.”