KUALA LUMPUR – The Malaysian judiciary has confirmed that it is taking the initiative to study existing practice directions and circulars for the purpose of improving current procedures for remand applications.
In simple terms, these practice directions or circulars issued by the judiciary act as supplemental protocols for procedures relating to civil and criminal actions in court.
The office of the Federal Court’s chief registrar explained they have been directed by Chief Justice Tun Tengku Maimun Tuan Mat to announce that current laws applying to remand applications remain to be the Criminal Procedure Code and other relevant laws.
At the same time, the Chief Registrar’s Office pointed out in a statement that the existing Practice Direction No. 3 of 2003 and Circular No. 2 of 2021 dictate that the procedures relating to remand application are laid out under Section 117 of the Criminal Procedure Code.
“The judicial body has taken the initiative to review and study the relevant existing practice directions and circulars with the purpose of improving the procedures and practice relating to remand applications,” the statement read.
The Chief Registrar’s Office is understood to be responding to a Malaysiakini article titled “Deaths in Custody: 10 suggestions for CJ to improve remand process”.
In the article, lawyer M. Manoharan suggests denial for remand applications where the wrongdoing occurred more than one month prior, where the suspect is not legally represented, or where he is ill or injured.
He also recommended denial of remand where the wrongdoing carries a prison term of not more than two weeks, and where the suspect is underaged, among others.
Manoharan’s suggestions were made in light of the recent spate of deaths in custody over the past 45 days.
Most recently, Umar Faruq Abdullah @ Hemanathan died at the South Klang district police station on June 3 while under a four-day remand.
Before that, on May 27, 21-year-old Surendran Shanker died at Kluang Hospital less than a month after being moved to Simpang Renggam Prison on drug charges.
On May 21, 43-year-old security guard Sivabalan Subramaniam died within an hour of being taken in at the Gombak district police headquarters.
The incident came less than a month after the same station was embroiled in controversy over the death of cow milk trader A. Ganapathy, 40, while in police custody.
Ganapathy died in hospital on April 18, more than a month after being taken there from the station on March 8.
That case saw social media users expressing their outrage online using hashtags such as #JusticeForGanapathy and #BrutalityinMalaysia. – The Vibes, June 12, 2021
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