Muhammad Maliki bin Abdul Halim v Leftenan Kolonel Shaifullizan bin Abdul Aziz & Ors

Appellant(s): Muhammad Maliki Bin Abdul Halim

Respondent(s):

• Leftenan Kolonel-Shaifullizan Bin Abd Aziz (Pegawai Pemerintah Batalion Ke-5 Rejimen Renjer Diraja)
• Pihak Berkuasa Sidang Panglima Briged Kelapan Infantri Malaysia
• Panglima Angkatan Tentera Malaysia
• Kerajaan Malaysia

• YAA Datuk Seri Utama Wan Ahmad Farid Bin Wan Salleh
• YA Dato' Nordin Bin Hassan
• YA Dato' Seri Vazeer Alam bin Mydin Meera

• The appellant, a soldier, tested positive for methamphetamine during a drug prevention operation, violating a standing order under section 51 of the Armed Forces Act 1972 (AFA).
• He was placed under close arrest pending investigation, and after electing to be tried by court-martial, remained under close arrest from 26 August 2014 until 3 July 2015, when he was released on open arrest.
• The appellant filed a civil suit for unlawful detention; the High Court found the detention from 26 August 2014 to 3 July 2015 unlawful, but the Court of Appeal reversed this, holding all periods of detention lawful.

• Whether the appellant's detention from the date he elected to be tried by court-martial until his release on open arrest was lawful and valid under the AFA and Armed Forces (Court-Martial) Rules of Procedure 1976 (AFRP).
• Whether an express remand order is required under section 96(3) of the AFA for detention pending trial by court-martial.
• Whether the detention provisions under the AFA and AFRP are consistent with Article 5(1) of the Federal Constitution, which guarantees personal liberty save in accordance with law.

• The Federal Court upheld the Court of Appeal's decision, finding that the appellant's detention from 26 August 2014 to 3 July 2015 was lawful.
• The Court held that section 96(3) of the AFA mandates the remand of an accused for trial by court-martial, and Rule 16(1) of the AFRP authorises close arrest during the trial, without requiring an express remand order.
• The Court emphasised that the AFA and AFRP are special legislations governing military discipline, distinct from the Criminal Procedure Code, and therefore, Article 5(1) of the Federal Constitution was not breached as the detention was in accordance with valid law.