PUTRAJAYA, March 3 — The Court of Appeal here today granted leave to the Penang Government to commence a judicial review to challenge the Home Ministry’s order in declaring the Voluntary Patrol Unit (PPS) as an illegal organisation.
A three-man-bench led by Justice Datuk Lim Yee Lan allowed the state government’s appeal to set aside a Penang High Court’s decision to reject its leave application.
The judge also ordered the case to be remitted to the high court for case management (to set a date for inter partes hearing on the merits of the judicial review).
She also granted an application by counsel Tommy Thomas, who informed the court that the state government was not seeking legal costs, for the case to be heard before another judge.
Presiding with Lim were Court of Appeal judge Datuk Dr Badariah Sahamid and High Court judge Harmindar Singh Dhaliwal.
The state government named the Home Minister, Inspector-General of Police and the Government of Malaysia as respondents in its judicial review application.
It is seeking among others, a declaration that PPS was lawfully and properly established by the state government under the Local Government Act 1976.
It also wants the court to declare that PPS is not a society under the Societies Act 1965.
It is also seeking a certiorari order to quash the Home Minister’s decision on Nov 3, 2014 which declared PPS as unlawful.
The state government is also seeking a mandamus order to compel the respondents to return all jackets, equipment, symbols, weapons or any documents belonging to PPS.
On October 8, last year, judicial commissioner Collin Lawrence Sequerah dismissed the state government’s application for leave for judicial review.
In today’s proceedings, senior federal counsel Suzana Atan objected to the state government’s application submitting that it was frivolous and vexatious. — Bernama