In his habeas corpus application to be freed from police custody, Goh Leong Yeong said Section 4(1) of POCA violated Article 121 of the Federal Constitution as Parliament had removed any discretion given to the magistrate when suspects were produced for remand.
The provision states it is mandatory for a magistrate to issue a 21-day remand order when a police officer states there are grounds to believe a person is involved in unlawful activities.
Goh, who filed his application last week, said Section 4(2)(a), which allows a magistrate to extend the remand to up to 38 days, is also null and void, irrational, procedurally flawed and done in bad faith.
The 31-year-old businessman further said his detention was also outside the scope of POCA and the preventive detention law was not applicable to him.
This is because the reason for arresting a suspect for alleged involvement in gambling activities was not organised violence.
Such arrest under POCA, he said, was also unconstitutional as the law was passed pursuant to Article 149 of the constitution.
That article allows Parliament to pass preventive laws to act against those who caused substantial fear of citizens or were involved in organised violence against persons or property.
He named investigating officer Khairul Fairoz Rodzuan, a Kuala Lumpur magistrate who issued the remand order, the inspector-general of police and government as respondents.
Goh was arrested under the Common Gaming Houses Act on Oct 27 and produced before the magistrate for a remand order on Oct 31.
Counsel Gobind Singh Deo told judicial commissioner Azhar Abdul Hamid during case management today the court papers had been served to the Attorney-General’s Chambers last Tuesday.
Gobind, who was assisted by lawyer Jacky Loi Yap Loong, urged the court to give an early hearing as the continued detention of Goh was in doubt.
Azhar instructed federal counsel Adilah Ruslan to file a reply to Goh’s affidavit by or before Nov 16.
The judge said he would hear the application at 11am on the same day