A 28-year-old Singaporean man who defaulted on his national service (NS) obligations by staying overseas beyond the validity of his exit permit has lost his appeal against his conviction and sentence.
On 19 March, the High Court upheld the 14-week jail term imposed on Naresh Kumar Nagesvaran, dismissing his claim that he was unaware of the exit permit requirements, The Straits Times reported.
A panel comprising Chief Justice Sundaresh Menon, Justice Tay Yong Kwang, and Justice Vincent Hoong ruled against him, agreeing with the lower court’s assessment that the offence was one of strict liability.
This meant that the prosecution only had to prove the act of defaulting, regardless of his knowledge or intent.
Background of the case
Naresh Kumar was born in Singapore but moved to India with his mother and sister in 2004 when he was seven years old. His father, also a Singaporean, had abandoned the family.
When he turned 13 in 2009, a notice was sent to his last-known Singapore address, informing him of his NS liability. The notice stated that he needed to apply for an exit permit if he intended to stay overseas for more than three months.
He subsequently obtained two exit permits. The first was applied for online and covered the period from 30 January 2010 to 28 January 2012. The second was obtained in person at the Central Manpower Base (CMPB) in Singapore on 3 January 2012, granting him permission to stay overseas from 29 January 2012 to 30 September 2013.
However, he did not return to Singapore when the second permit expired, remaining abroad for an additional five-and-a-half years. He eventually returned on 7 April 2019 and was arrested at the airport.
Legal proceedings and claims
Naresh Kumar was charged with failing to return to Singapore by the stipulated period in his exit permit. He was represented by lawyer Suresh Damodara and chose to contest the charge.
Unlike previous NS defaulter cases, where offenders were typically charged for leaving or remaining outside Singapore without ever obtaining an exit permit, Naresh Kumar’s case was unique as he had initially complied with permit requirements but failed to return within the approved period.
During the trial, he argued that he had been unaware of his NS obligations until late 2018, as his late mother had handled all correspondence with the CMPB. He claimed that when he was 13, no one had informed him about his NS duties or the need for an exit permit.
However, the prosecution presented evidence that Naresh Kumar had personally accompanied his uncle to the CMPB on 3 January 2012 to apply for the second exit permit. Travel records confirmed that he had been in Singapore between 25 December 2011 and 10 January 2012, coinciding with the permit application.
He attempted to distance himself from a letter sent to CMPB on 18 February 2014, requesting an extension of his exit permit. Although the letter was signed in his name, he denied signing it and suggested that it was written in his mother’s handwriting. His mother passed away in June 2019 after battling cancer.
Court’s ruling and sentencing framework
In 2023, district judge Luke Tan ruled that the offence was of strict liability, meaning the prosecution did not need to prove that Naresh Kumar was aware of his obligations—only that he had committed the act of defaulting.
The district judge further found that Naresh Kumar was aware of his NS duties, given that he had personally visited the CMPB and had signed the extension request letter.
On appeal, Chief Justice Menon noted that if Naresh Kumar wanted to dispute the authenticity of the letter’s signature, he should have provided expert evidence to support his claim. Additionally, the defence did not call his uncle to testify about the CMPB visit.
The court upheld the lower court’s ruling, maintaining the 14-week jail sentence.
According to the Ministry of Defence (Mindef), since the High Court established a sentencing framework for NS defaulters in 2017, a total of 29 individuals, including Naresh Kumar, have been sentenced to imprisonment for failing to meet their obligations, The Straits Times reported.
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