KUALA LUMPUR: A salesman who has been detained without trial under the Prevention of Crime Act 1959 (Poca) for a probe related to an alleged investment scam, has filed a habeas corpus application to seek immediate release.
Vishnu Moorthy Raja Singam, who wants to be freed from the 21-day detention which ends on April 19, is also seeking a declaration that his detention under Poca is unconstitutional.
He also wants a court declaration that the order by Bukit Aman commercial crime investigation department (CCID) chief Acryl Sani Abdullah Sani’s denying him the rights for legal representation as being against the Federal Constitution
He named Acryl, the Inspector-General of Police, the Home Minister and the public prosecutor as respondents in the habeas corpus bid.
Speaking after filing the court papers today, Vishnu’s lawyer P Uthayakumar said his case will come up for mention next Monday at the KL High Court. Also present was Vishnu’s wife A Magaswarie.
“We will be serving the habeas corpus application along with the wife’s affidavit and exhibits to all respondents by today,” Uthayakumar said.
Vishnu also claimed in the application that Poca was misused to detain him.
“Poca was enacted to curb crimes on terrorism, organised crime, human trafficking and drug trafficking,” he said.
He said his arrest was unprecedented and Poca had never been used on commercial crime cases before.
Vishnu had previously sought for a review of his 21-day detention order, and this was granted by the KL Magistrate’s Court on March 29.
Uthayakumar said they have not received a hearing date for the case yet.
Magaswarie, who is pregnant, told reporters she was worried over her husband’s safety and health condition in police custody.
“I have not seen him for the last 18 days, and I need him to be with me now,” she said.
In a statement on March 29, Acryl had said that six people were nabbed over the VenusFX scheme syndicate that allegedly cheated RM80 million from 23,000 victims.
The six were arrested and held under Section 3(1) of Poca.
On April 9, former MIC treasurer-general R Ramanan lodged a police report against a “Datuk Seri and his wife” who were said to own the forex investment company.