The Federal Court today dismissed the government’s appeal to restore Sabahan Awang Sari Lasikan’s detention under Section 6(1) of the Dangerous Drugs (Special Preventive Measures) Act for two years, beginning March 9, 2020.

Chief Justice Tengku Maimun Tuan Mat, in delivering the court’s unanimous decision, ruled that the authorities have delayed in their duty to prepare a report, in recommending or otherwise for Awang Sari’s further detention, to the home minister.

Under the Dangerous Drugs (Special Preventive Measures) Act, a person suspected of drug trafficking activities can be detained for 60 days, and his detention can be extended up to two years by the home minister, upon recommendation by an inquiry officer.

“The records show that after his fourth day of detention, there were no further investigations to follow up.

“Therefore, there is no reason to delay the submission of the report before the minister,” Tengku Maimun said.

She also pointed out that it took the inquiry officer in charge another 36 days, after Awang Sari had served his first 60 days detention, to complete the report.

The other judges who presided today were Mohd Zawawi Salleh and Nallini Pathmanathan.

Tengku Maimun said officers in charge of arresting individuals under preventive laws need to prioritise such cases as the detainees’ liberty was at stake.

“If excessive time is taken over production of the said report, it will affect the duration of the detention time.

“The minister can make his decision earlier if the report is available to him and may not issue further orders on a person’s detention,” she said.

Earlier this year, Awang Sari was freed by the Shah Alam High Court after the court granted his habaes corpus application.

Judicial commissioner Norsharidah Awang had ruled that the detention order signed by former prime minister and home minister Muhyiddin Yassin was defective, as Muhyiddin did not sign the order using his actual name according to his MyKad, that is Mahiaddin Md Yasin.

However, on the issue over the “defective order”, Tengku Maimun said the Federal Court disagreed with the lower court’s ruling.

“We are of the view that there are merits in the home ministry’s argument. There was only one minister at the time,” she said.

Senior federal counsel Farah Ezlin Yusop Khan appeared for the home ministry while lawyer Nur Astry Amami Agus Pemana represented Awang Sari.