Wrongful arrest: AGC objects to lawyer’s leave for judicial review

KUALA LUMPUR: The Attorney-General’s Chambers (AGC) has objected to lawyer Rosli Dahlan’s application for leave for judicial review against the Royal Malaysia Police (PDRM), the Malaysian Immigration Department and the government for wrongfully arresting and detaining him in October last year.

Senior Federal Counsel Rahazlan Affandi Abdul Rahim, who was representing the AGC told the High Court that this case should be heard by way of writ of summons and not judicial review.

“The applicant (Rosli) should file a civil suit seeking damages instead. He has been repeating claims like conspiracy, defamation and also abuse of power,” he said.

Lawyer Harvinderjit Singh representing Rosli said the matters raised are amenable for judicial review and are live issues and not academic.

“The first to fifth respondents’ actions or decisions as officers of the PDRM to falsely and maliciously link the applicant (Rosli) to a case which has no connection whatsoever to the applicant is an abuse of power. It also leads to the subsequent wrongful arrest and remand, and the issuance of the wrongful freezing orders, wrongful exit prohibition and wrongful travel ban against the applicant.

“The actions or decision-making process are based on the exercise of power by PDRM and its officers under AMLA which are amendable to judicial review,” he said.

Judge Datuk Ahmad Kamal Md Shahid then fixed April 3 to deliver his decision.

Rosli filed the application on Dec 29, 2023, naming Inspector-General of Police Tan Sri Razarudin Husain @ Abd Rasid, PDRM Commercial Crime Investigation Department director Comm Datuk Seri Ramli Mohamed Yoosuf, and PDRM money laundering unit head Datuk Muhammad Hasbullah Ali as the first to third respondents.

He also named assistant director of the Anti-Money Laundering Criminal Investigation Division Asst Comm Foo Wei Min, investigating officer Supt Mohd Faizal Mohd Atan, Immigration director-general Datuk Seri Khairul Dzaimee Daud, PDRM, the Immigration Department and the Malaysian Government as the fourth to ninth respondents.

The application had been set for case management before Judge Datuk Ahmad Kamal Md Shahid on Feb 19.

Rosli, in his application, is seeking an order to quash the decision or action of the first to fifth respondents who allegedly abused their power against the applicant by linking him with a police report by AirAsia against i-Serve Technology and Vacations Sdn Bhd, which had nothing to do with him.

He is also seeking a declaration that the actions of the first to fifth respondents, which led to his arrest, detention and remand on Oct 26 last year, as well as the freezing of his bank accounts, were unlawful and violated fundamental rights under the Federal Constitution.

Rosli also seeks an order to compel the authorities to revoke the travel ban order imposed against him.- BK