KUALA LUMPUR – Putrajaya is challenging a Kuala Lumpur sessions court decision that holds them liable for the unlawful arrest and detention of e-hailing driver Habibullah Che’ Gharani.
In an appeal filed on March 11, the federal government contends that sessions court judge Norakhmar Mohd Sani made errors in both fact and law in her decision.
Habibullah, 42, filed a civil claim at the Kuala Lumpur sessions court on March 3, 2021, naming the federal government, the home minister, and several police officers, including the Johor police chief and inspector-general of police, as defendants.
The plaintiff claimed that on December 3, 2018, he was summoned to the Seri Alam police headquarters in Johor Bahru by inspector Sathyaseelan Chandramoghon, but could not comply as he was in Kuala Lumpur.
Instead, Habibullah suggested that he would present himself at the Putra Community police station in Kuala Lumpur on the same day, where he was subsequently arrested by inspector Tarmizi Said and brought to the Dang Wangi police headquarters.
“At Dang Wangi police headquarters, Tarmizi informed Habibullah that he was arrested over allegations of theft under Section 380 of the Penal Code,” the statement of claim read.
The next day at about 1.40pm, Habibullah was released but was immediately rearrested by Sathyaseelan and brought to the Seri Alam lockup, where he was detained for four days.
According to court documents, Habibullah’s arrests were based on two reports filed by Syahrinizam Mohd Ali at the Pasir Gudang police station in Johor on March 28, 2018, and April 30, 2018.
In the first report, Syahrinizam, a supervisor at Malaysia Marine and Heavy Engineering Holdings Berhad, discovered several items missing at the company’s warehouse and ordered Habibullah, then a staff member, to inspect for missing items. Habibullah, however, did not inform Syahrinizam of any stolen goods.
The plaintiff’s lawyer contended that their client’s arrest and detention were unlawful as the police did not obtain a remand order from a magistrate for Habibullah’s detention.
In their 91-page submission to the sessions court, they cited witness testimony by investigating officer Kolanthaivelu Raman.
Responding to the plaintiff’s counsel, Kolanthaivelu agreed that police breached the law when they detained Habibullah on December 5, 2018, without a remand order.
In her verdict, judge Norakhmar declared that Sathyaseelan wrongfully arrested and detained Habibullah. She ordered the defendants to compensate Habibullah RM30,000 in general damages and RM40,000 in pecuniary damages.
In their appeal, the defendants argue that the sessions court made an error in law and fact by awarding damages for Habibullah’s alleged wrongful detention, contending that his arrest was lawful. – May 22, 2024