Chief Justice Tengku Maimun Tuan Mat made the ruling today in allowing a habeas corpus application filed by 25 Chinese nationals who were detained by police in 2020 over their ties to online gambling.

The court ordered them to be released from detention.

Tengku Maimun said online gambling does not fall under the definition of “organised” or “violent” crimes, stipulated under Article 149(1)(a) of the Federal Constitution.

Article 149 states that Parliament can enact laws to prevent actions that are prejudicial to public order. Poca was enacted pursuant to the provision.

Other judges who heard the habeas corpus bid were Mohd Zawawi Salleh and Nallini Pathmanathan.

The 25 Chinese nationals were represented by Gobind Singh Deo, Haijan Omar, Jacky Loi and Preakas Sampunathan while senior federal counsel Farah Ezlin Yusop Khan appeared for the home ministry.

Loi told FMT that all of the suspects were currently held at the Kemayan immigration depot in Pahang.

“We will serve the court orders to get them released,” he added.

Meanwhile, Gobind said the allegations against the 25 made no reference to organised violence, and that it was therefore “insufficient to fall within Poca, read together with Article 149(1)(a)”.

It was reported in 2020 that Bukit Aman had ramped up their operations in an attempt to bust online gambling syndicates operating around the country.

Then criminal investigation department (CID) director Huzir Mohamed said police would take action against those allegedly involved under both Poca and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla).