Dr. Faiz Azraai Bin Abdul Aziz v 1. ) Pegawai Memerintah Markas 11 Briged Infantri 2. ) Panglima Markas Divisyen Keempat Infantri 3. ) Panglima Tentera Darat 4. ) Majlis Angkatan Tentera 5. ) Kementerian Pertahanan 6. ) Kerajaan Malaysia

b-01ncvcw-687-09-2022 Court of Appeal (Mahkamah Rayuan) 16 July 2025 • B-01(NCvC)(W)-687-09/2022 • 18 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

Detention — Arrest and remand — Appellant placed under close arrest pending Court Martial — Whether detention for 114 days was lawful — Whether arrest was for investigation or for purpose of prosecution — Interpretation of Section 96(3) and Section 94(2) of the Armed Forces Act 1972 — Whether detention was mala fide or without reasonable justification — Effect of appellant’s discharge from service on pending charges. False imprisonment — Claim for damages — Detention of a military officer pending trial by Court Martial — Whether detention under close arrest must only commence after the trial has started — Whether failure to provide a "delay report" every eight days invalidated the detention — Distinction between remand pending investigation and remand pending trial. Armed Forces Act 1972 — Section 96(3) — Meaning of "remanded for trial by court-martial" — Whether mandatory once investigation is complete and charges are referred to Court Martial — Section 94(2) — Requirement of a special report for delay — Whether applicable to detention pending trial or limited to the investigation stage. "Remanded for trial" — "Close arrest" — "Delay report" — Meaning under the Armed Forces Act 1972 and Armed Forces (Rules of Procedure) Regulations.

Practice Areas

Detention

Judges (3)

Azizah binti Haji Nawawi Delivered Azizul Azmi bin Adnan Coram Mohd Firuz bin Jaffril Coram

Counsel (4)

Penasihat Undang-Undang Negeri Selangor Firm The Law Chambers Of Fauzi & Nasser Firm Mohammed Nasser Bin Yusof Counsel Appellant Noor Fadzila Binti Ishak Counsel Respondent

Parties (7)

Kementerian Pertahanan Respondent Kerajaan Malaysia Respondent Majlis Angkatan Tentera Respondent Panglima Markas Divisyen Keempat Infantri Respondent Panglima Tentera Darat Respondent Pegawai Memerintah Markas 11 Briged Infantri Respondent Dr. Faiz Azraai bin Abdul Aziz Appellant

Case Significance

Dr. Faiz Azraai Bin Abdul Aziz v 1. ) Pegawai Memerintah Markas 11 Briged Inf... is a Court of Appeal (Mahkamah Rayuan) decision dated July 16, 2025 (citation: b-01ncvcw-687-09-2022). <p>A former military doctor appealed the High Court's dismissal of his claim for damages arising from 114 days of detention under close arrest pending a Court Martial for absence without leave and disobeying standing orders. The Court of Appeal dismissed the appeal, holding that the detention was lawful under section 96(3) of the Armed Forces Act 1972 as the appellant was remanded pending trial by court-martial, and that the requirement for delay reports under section 94(2) applies only to the i The panel comprised Azizah binti Haji Nawawi, Azizul Azmi bin Adnan and Mohd Firuz bin Jaffril, with Azizah binti Haji Nawawi delivering the judgment. Counsel appearing: Mohammed Nasser Bin Yusof (counsel for appellant), Noor Fadzila Binti Ishak (counsel for respondent).

Summary

A former military doctor appealed the High Court's dismissal of his claim for damages arising from 114 days of detention under close arrest pending a Court Martial for absence without leave and disobeying standing orders. The Court of Appeal dismissed the appeal, holding that the detention was lawful under section 96(3) of the Armed Forces Act 1972 as the appellant was remanded pending trial by court-martial, and that the requirement for delay reports under section 94(2) applies only to the investigation stage, not to detention pending trial. The appeal was dismissed with costs.

What was the outcome of Dr. Faiz Azraai Bin Abdul Aziz v 1. ) Pegawai Memerintah Markas 11 Briged Inf...?

<p>A former military doctor appealed the High Court's dismissal of his claim for damages arising from 114 days of detention under close arrest pending...

Statutes Cited

Armed Forces Act 1972 (Cap 77)

Criminal Procedure Code (Cap 593)

Cases Cited (1)

MY (1)

[1987] 2 MLJ 173