JUDGMENT
Introduction
[1] This appeal stemmed from the decision of the High Court refusing to issue the appellant a writ of habeas corpus. We heard the appeal on 12 February 2019 and after careful consideration, unanimously allowed it. We set aside the order of the High Court, allowed the appellant's application for a writ of habeas corpus and ordered that he be released from detention with immediate effect. These are our written reasons.
Background
[2] The appellant was arrested on 21 February 2017 under s 3 of the Dangerous Drugs (Special Preventive Measures) Act 1985 (the Act). Upon investigation and submission of the various reports to the 1st respondent, the 1st respondent exercised his discretion to issue a detention order (Detention Order) dated 19 April 2017 detaining the appellant at Pusat Pemulihan Akhlak Machang, Kelantan for two years effective from the date of issuance.
[3] At the High Court, the appellant argued that he was entitled to a writ of habeas corpus citing at least 22 procedural errors. However, at the hearing of his application, the appellant narrowed down his complaints into a single issue. He argued that he was denied his right to be represented by counsel.
[4] The complaint arose in the following way. Under s 9 of the Act, a copy of every order of the Minister permitting detention must be served on the detainee and such detainee has the right to make representations to the Advisory Board (the Board) on his detention. The evidence indicated that the appellant wanted to be represented by counsel during his representation before the Board.
[5] The hearing before the Board was fixed on 6 June 2017. This was communicated to the appellant on 22 May 2017. It was undisputed in the court below that come 6 June 2017, the appellant had not yet appointed counsel. The hearing was therefore duly rescheduled to 11 July 2017.