Judge Anselm Charles Fernandis, who allowed Fazli Fadzil’s judicial review application, said there were procedural irregularities leading to the detention order.

“As such, the detention order is invalid and illegal,” the judge said in delivering his decision online.

Fernandis also ordered Fazli’s rank of corporal to be restored and allowed damages, which would be determined after an assessment.

Last Feb 22, Fazli was charged with arguing with his immediate superior for not giving him leave to complete some documentation at the ministry of defence in Kuala Lumpur before his early retirement.

The same superior officer found him guilty and sentenced him to 21 days in detention and ordered that his rank be downgraded from corporal to trooper (private).

As it was not serious enough to be dealt with by a military court, his superior officer dealt with it according to military procedures.

Subsequently, Fazli turned to the High Court, seeking a declaration that the detention and drop in rank were illegal. The 34-year-old filed an application for judicial review and named his commanding officer at Sungai Udang Camp, Lt Kol Azran Alias, and the government as respondents.

Lawyer A Mathan represented Fazli while federal counsel Zairani Tugiran appeared for the government.