The Federal Court of Malaysia has handed down a surprising decision in Maliki Halim v. Lt. Col. Shaifullizan Abd bin Aziz, Commanding Officer, No. 01(f)-30-09/2024(D) (Malaysia Nov. 10, 2025). According to this press account, the respondent was required by law to keep the appellant in close confinement for the 311 days he was imprisoned prior to trial by court-martial, as the charges were not being dealt with summarily.
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 Procedure 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.
Aside from the merits, ten years seems a long time for the case to have been concluded.
The case is noted on the court's website but there is no link to the decision.
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