The Star
However, he was challenging the extension of his detention order issued by the deputy minister for another two years effective Sept 14, 1993.
Justice Mohd Hishamuddin said an award of RM20,000 per day would be fair and just as Badrul Zaman had been deprived of his liberty during the detention.
The judge added that taking into account 300 days of detention, Badrul Zaman should be paid RM6mil but the court decided to give a 50% reduction to the defendants – the Kamunting Detention Centre superintendent, the Deputy Home Minister and the Government.
Justice Mohd Hishamuddin, now an Appeals Court judge, also awarded exemplary damages of RM300,000 for two reasons – the detention was unlawful and unconstitutional and the detention order was extended after the initial two-year period of preventive detention.
“I think it’s a harsh and oppressive act on the part of the deputy minister,” said the judge who also awarded costs to the plaintiff.
Badrul Zaman said he was happy with the decision after waiting for nearly 16 years to get justice and clear his reputation.
In 1994, the Penang High Court granted his application for a writ of habeas corpus and set him free after ruling that the extended detention was unlawful and unconstitutional on the grounds that there was non-compliance of the provisions of the ISA.
Senior Federal Counsel Isnan Ishak said he would refer to the Attorney-General’s Office regarding the intention to appeal.
Lawyer M. Manoharan appeared for Badrul Zaman.
PUTRAJAYA: A businessman was awarded RM3.3mil in general and exemplary damages after the High Court ruled that the extension of his detention under the Internal Security Act was unlawful and unconstitutional.
Justice Mohd Hishamuddin Mohd Yunus said the court also took into consideration the cost of injury to Badrul Zaman P.S. Mohamed’s reputation as a businessman.
The businessman, in his suit, said he was not challenging the validity of his initial detention order under Section 8(1) of the Internal Security Act (ISA) on Sept 12, 1991 – where he was detained for two years.
Justice Mohd Hishamuddin Mohd Yunus said the court also took into consideration the cost of injury to Badrul Zaman P.S. Mohamed’s reputation as a businessman.
The businessman, in his suit, said he was not challenging the validity of his initial detention order under Section 8(1) of the Internal Security Act (ISA) on Sept 12, 1991 – where he was detained for two years.
However, he was challenging the extension of his detention order issued by the deputy minister for another two years effective Sept 14, 1993.
Justice Mohd Hishamuddin said an award of RM20,000 per day would be fair and just as Badrul Zaman had been deprived of his liberty during the detention.
The judge added that taking into account 300 days of detention, Badrul Zaman should be paid RM6mil but the court decided to give a 50% reduction to the defendants – the Kamunting Detention Centre superintendent, the Deputy Home Minister and the Government.
Justice Mohd Hishamuddin, now an Appeals Court judge, also awarded exemplary damages of RM300,000 for two reasons – the detention was unlawful and unconstitutional and the detention order was extended after the initial two-year period of preventive detention.
“I think it’s a harsh and oppressive act on the part of the deputy minister,” said the judge who also awarded costs to the plaintiff.
Badrul Zaman said he was happy with the decision after waiting for nearly 16 years to get justice and clear his reputation.
In 1994, the Penang High Court granted his application for a writ of habeas corpus and set him free after ruling that the extended detention was unlawful and unconstitutional on the grounds that there was non-compliance of the provisions of the ISA.
Senior Federal Counsel Isnan Ishak said he would refer to the Attorney-General’s Office regarding the intention to appeal.
Lawyer M. Manoharan appeared for Badrul Zaman.
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