Ex-driver placed under restricted residence may be first to challenge Act
(The Star) – The Prevention of Crime (Amendment and Extension) Act 2013, which came into effect on April 2, allowed suspected criminals to be detained without trial for up to two years.
A former driver under police supervision stipulated in the amended Prevention of Crime Act (PCA) is believed to be the first to challenge the Act, calling it unconstitutional.
R. Sureshwaran, who lived in Kota Damansara, claimed that he was placed under restricted residence in Parit Bakar in Muar, Johor, for three years starting May 29.
The 25-year-old said the order, issued by Prevention of Crime Board, prohibited him from leaving the district or stepping out of his home between 6pm and 6am, without written permission from the Johor police chief.
In a suit filed at the Kuala Lumpur High Court through his lawyer N. Surendran yesterday, Sureshwaran named the Inspector-General of Police, the board, the Home Minister and the Government as respondents.
He is seeking to have the police supervision order under Section 15 of PCA 1959 and the Inquiry Officer findings under Section 10(2) of the same act struck out by the court.
In a supporting affidavit, Sureshwaran said the restriction order inconvenienced him and forced him to relocate his family and look for a new job.
He claimed that he was arrested on April 1, and was held under remand for 59 days, with police alleging that he was involved in gang rituals at Batu Caves.
Surendran told reporters that he would challenge the constitutionality of the PCA, arguing that it was in contravention of Articles 5, 8, 9, and 10 of the Federal Constitution.
“The decision was made by the board, and thus my client had no chance to have his case heard in a court of law, which contradicts Article 8 for equality of law,” said Surendran, who also argued that the restriction of his client’s freedom of movement violated a right enshrined in Article 9 of the Constitution.
Sureshwaran’s wife, R. Bathma, who was at the court with their one-year-old son, told reporters that her husband was unable to find a job since he was suspected of being a criminal.
The Prevention of Crime (Amendment and Extension) Act 2013, which came into effect on April 2, allowed suspected criminals to be detained without trial for up to two years.
The amended Act, which was passed in Parliament last October, also stipulated the formation of the board to determine the issuance of detention orders.
