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SINGAPORE – An elderly Singaporean man has made a claim to the Court of Appeal (CA) challenging the law that allows the police to keep track of their movements in public.

The 73-year-old was arrested by the police in 2008 after being seen walking on the footpath at the intersection of Bukit Timah Road and Noosa Lane in his underwear, causing a disturbance at the police station.

But he had not been taken into custody, instead being questioned at the police station about his alleged drug problem, as per the Singapore Police Force’s policy of “voluntary information and questioning”.

He was told by a senior officer that he had to be in custody but could leave the officer and go to the hospital.

The CA says that in the absence of the police information and questioning, Mr Abdulmanir, who has no family in Singapore, should have been treated as an ordinary citizen.

The CA has ordered that Mr Abdulmansir be released on bail until Friday (April 18), after which he can apply for bail, or be remanded in custody for 12 months, pending the outcome of a criminal case.

The accused had earlier been arrested on charges of public nuisance by the police for wearing fake nails on May 11 last year.

On Thursday (March 19), an Appeal Court judge ruled in his favour after hearing arguments from defense counsel and the accused, who was remanded in custody.

Earlier this week, a lawyer representing Ms Fatihah Azmi, Mr Abdulmansir’s wife, argued that under the law, “the police cannot hold onto an individual’s freedom for more than eight hours without being entitled to a formal charge.”

He also argued that as the CA had previously ordered his release from custody for the remainder of his detention, no release was possible for Mrs Azmi.

Mr Abdulmansir did not have a criminal record, but when he was arrested, he said he had come to Singapore for a medical treatment, and because the police officer told him he had to be in custody for the period of his treatment.

In addition, he later alleged that one of the officers had refused to take his fingerprints.

The lawyers argued that the arrest was unlawful as he was not in custody of the police and his personal liberty was not infringed.

The CA

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