In a landmark ruling that underscores the severity of national service obligations in Singapore, a 28-year-old man, Naresh Kumar Nagesvaran, has been sentenced to 14 weeks in prison for evading his national service duties. This decision comes after the High Court dismissed his appeal against the conviction on March 19, 2023.

Naresh Kumar’s case is particularly intriguing as it draws attention to the nuances of the national service enlistment law. Born in Singapore, he moved to India with his mother and sister in 2004. His family situation became complicated when his father abandoned them, leading to a lack of communication about his national service responsibilities.

The crux of the ruling revolves around Naresh Kumar’s claim of ignorance regarding his obligation to maintain a valid exit permit while studying abroad. He argued that he was unaware of his duties, which he asserted were managed by his late mother until 2018. However, evidence presented during the trial revealed that he had indeed applied for exit permits on two occasions, suggesting he had at least some awareness of the requirements.

According to records, Naresh Kumar obtained his first exit permit valid from January 30, 2010, to January 28, 2012, followed by a second permit from January 29, 2012, to September 30, 2013. After departing Singapore, he did not return until April 7, 2019—five and a half years past the expiration of his last permit—whereupon he was arrested at the airport.

The prosecution successfully argued that Naresh Kumar was aware of his national service obligations, highlighting a visit he made to the Central Manpower Base (CMPB) with his uncle in January 2012 to apply for his exit permit. His involvement in submitting a letter to CMPB in 2014 to extend his permit further bolstered the argument against him. Despite his insistence that he was not present during the application and claimed the letter was manipulated by his mother, the court held him accountable.

In convicting him, District Judge Luke Tan ruled that the offence was one of strict liability, meaning that Naresh Kumar could be prosecuted regardless of his knowledge or intent. The implications of this ruling are significant for future national service defaulters, as it establishes a precedent for similar cases.

The case also raises broader questions about communication of national service obligations, particularly for Singaporeans living abroad. As Chief Justice Sundaresh Menon pointed out, the responsibility lies with individuals to be aware of their legal obligations, making it essential for the defense to provide compelling evidence to counter the prosecution's claims, which they failed to do.

Since the sentencing framework for national service defaulters was established in 2017, Naresh Kumar's case adds to the 29 individuals who have faced imprisonment for failing to comply with national service obligations. This serves as a stark reminder of Singapore's stringent policies regarding national service and the consequences of neglecting such responsibilities.

Those observing the developments in national service law will find Naresh Kumar's case an essential study of the intersections between legal obligations, personal circumstances, and state responsibilities. It underscores the need for clear communication regarding national service rules, especially for expatriates or those living away from their home country.