Pushan Qin Nathan
About Pushan Qin Nathan
Pushan Qin Nathan appears as counsel of record in 3 reported Malaysia judgments (2025–2026). These were heard before MYHC (2) and MYCOA (1).
On the court record
Focuses on the liability of the State for deaths and injuries of persons in custody under the Police, Prisons and Lock-up regimes and Article 5(1) of the Constitution, and on the bail regime under the Dangerous Drugs Act 1952.
Pushan Qin Nathan's appearances in this corpus concern the liability of public authorities and the treatment of persons in custody, together with a criminal-procedure matter on bail. As counsel for the respondent in the Court of Appeal (Mahkamah Rayuan), he acted in a claim arising from a suicide by a detainee held under remand, where the questions were the common-law and statutory duty of care owed to a person in custody, negligence and misfeasance, and the framework of the Police Act 1967, the Lock-up Rules 1953 and standing orders (Perintah Tetap). The court considered the significance of CCTV recording, whether there had been a break in the chain of causation, the nature of a dependency claim, aggravated damages, and vicarious liability.
Before the High Court (Mahkamah Tinggi) he appeared for the plaintiff in a claim arising from the death of a convicted prisoner who had been taken into custody in good health and was later found dead, with amputations and untreated infection, following a failure to provide timely medical attention. The claim was framed as a breach of statutory and constitutional duty, engaging the Prisons Act 1995, the Prisons Regulations 2000 and the Lock-up Rules 1953, and the constitutional right to life under Article 5(1) of the Federal Constitution.
He also acted as counsel for the applicant in a High Court criminal-procedure matter on bail. There the question — described by the court in Malay — was whether a Sessions Court judge who declined to grant bail on a charge under "s 39C Akta Dadah Berbahaya 1952" (section 39C of the Dangerous Drugs Act 1952) had acted contrary to "s 41B ADB" (section 41B of the Act), and whether section 41B applies to a charge under section 39C — a point of statutory construction and judicial precedent. Together the matters show a practice focused on state liability for deaths and injuries in custody, and on the bail regime in the drug jurisdiction.
How many cases has Pushan Qin Nathan appeared in?
Pushan Qin Nathan appears as counsel of record in 3 reported Malaysia judgments (2025–2026).
Which courts does Pushan Qin Nathan appear in?
Pushan Qin Nathan appears before MYHC (2) and MYCOA (1).
What duties were in issue in the custody-death matters?
The common-law and statutory duty of care owed to detainees and prisoners under the Police Act 1967, Lock-up Rules 1953, Prisons Act 1995 and Prisons Regulations 2000, and the constitutional right to life under Article 5(1) of the Federal Constitution — alongside negligence, misfeasance and vicarious liability.
What bail question did the High Court address?
Whether a Sessions Court judge who refused bail on a charge under section 39C of the Dangerous Drugs Act 1952 acted contrary to section 41B of the Act, and whether section 41B applies to a section 39C charge — a question of statutory construction.