In a landmark decision, the Federal Court has ruled that the 311-day detention of a former army ranger, ordered by his commanding officer pending court-martial proceedings, was lawful under the Armed Forces Act 1972.
Justice Nordin Hassan said the Act was a special legislation passed by Parliament concerning the discipline of army personnel that requires strict compliance.
“The commanding officer is empowered to remand the appellant (army ranger) under Section 96(3) of the Act.
“That provision makes it mandatory for such detention if the charge is not dealt with summarily,” he said in dismissing an appeal by Maliki Halim for wrongful detention.
Chief Justice Wan Ahmad Farid Wan Salleh chaired the three-member bench, with Justice Vazeer Alam Mydin Meera also on the bench.
Nordin said Maliki’s detention did not infringe his right to life and liberty under Article 5 of the Federal Constitution, as the Act was enacted in “accordance with the law”.
The judge said the Act and all subsidiary legislation were enacted to govern military personnel.
“When the appellant signed up as a member of the armed forces, he subjected himself to its strict rules and regulations.
“The law that governs the military is certainly different from other legislation. Otherwise, it would be difficult to maintain high discipline among the army personnel,” he added.
Nordin said Maliki was also facing a serious offence of drug abuse.
“Armed forces personnel who are part of the national security apparatus cannot be under the influence of prohibited substances,” he said.
Lawyers Shaharuddin Mohamed and Low Wei Loke represented Maliki while senior federal counsel Nur Ezdiani Roleb, Wan Nur Ehsan Alauddin and Siti Norashikin Hassanor appeared for the government.
Last year, the apex court agreed to grant Maliki leave based on one question of law – whether an accused can be remanded automatically under Section 96(3) of the Armed Forces Act 1972 without considering the remand procedures under the Armed Forces (Court Martial) Rules of Procedures 1976 pending trial by a military court.
Maliki had tested positive for ketamine during a drug prevention operation conducted at the 5th Royal Ranger Regiment battalion at its Desa Pahlawan camp in Kota Bharu, Kelantan, in March 2014.
He pleaded not guilty in the military court but was subjected to strict detention, pursuant to which he was confined to a cell for 311 days until July 3, 2015.
Maliki filed a suit for wrongful detention, naming the 5th Royal Ranger Regiment battalion commander Shifullizan Abd Aziz, the 8th Infantry Brigade, the armed forces chief and the government as respondents.
The High Court in Kota Bharu ruled that Maliki’s detention was invalid as there were irregularities in the disciplinary proceedings against him. Maliki was awarded damages of RM300,000.
However, on Sept 14, 2023, the Court of Appeal overturned the judgment and ordered Maliki to pay the government RM40,000 in costs, giving rise to the present appeal to the Federal Court.
