Verdict on the judicial review application filed by over 10,000 Selangor voters

Source: The Malay Mail Online

SHAH ALAM, March 29 — The High Court today fixed April 11 to deliver its verdict on the judicial review application filed by over 10,000 Selangor voters led by Bersih 2.0, objecting to the recent redelineation exercise in the state.

The voters filed a lawsuit through 107 representatives, to ask the court to compel the Election Commission (EC) to hear their objections and to cancel the redelineation report that was submitted to the prime minister.

The redelineation report was however tabled in Dewan Rakyat yesterday, and approved with a simple majority.

“The arguments were heard by both parties, including the argument on whether it is academic, and the court has adjourned the matter to April 11 for a decision,” the group’s lawyer Datuk S. Ambiga said.

“I think we have been asked to advise (our clients), as to whether they (EC) can continue with the election, when there is a pending court decision.

“So we are going to look into that,” she added.

Ambiga expressed hope that the EC would respect the court, and not do anything to override its powers, since the decision has now been fixed for April 11.

The matter today was presided by Judge Datuk Azimah Omar.

The lawsuit was filed last Tuesday at the Shah Alam High Court by former Bersih 2.0 chairman Maria Chin Abdullah, who is among the 107 voters, as well as Selangor lawmakers such as Hannah Yeoh, Xavier Jayakumar, Tony Pua, Lau Weng San, Rajiv Rishyakaran, Haniza Mohamed Talha and Gan Pei Nei.

The voters are from 11 parliamentary seats and 16 state seats in Selangor.

The judicial review application names the EC, Prime Minister Datuk Seri Najib Razak, and Dewan Rakyat Speaker Tan Sri Pandikar Aman Mulia as respondents.

The 107 voters are seeking four court orders, including a declaration that the EC’s failure to hold local enquiries for the 107 objections to its redelineation exercise was “unconstitutional”, and an order to compel the EC to hold local enquiries for the 107 group of voters.

They want the court to declare that the final redelineation report submitted by the EC to the prime minister on March 9 as unconstitutional.

Additionally, they want the courts to issue a stay order to freeze the tabling, debate, discussion or voting on the EC’s redelineation report in the Dewan Rakyat until the end of this lawsuit.

The parliament seats affected are — Selayang, Hulu Langat, Puchong, Kelana Jaya, Petaling Jaya Selatan, Petaling Jaya Utara, Subang, Shah Alam, Kapar, Kota Raja and Sepang.

The state seats are — Kuang, Rawang, Taman Medan, Kota Damansara, Batu Tiga, Sementa, Seri Andalas, Sri Muda, Subang Jaya, Seri Setia, Bukit Gasing, Kampung Tunku, Damansara Utama, Tanjong Sepat, Dengkil and Sungai Pelek.

Bersih 2.0 said that the EC’s failure to include the 107 groups of voters in its second round of local enquiries held from February 26 to March 1 has denied over 10,000 voters their constitutional rights to be heard.

According to Bersih 2.0 acting chairman Shahrul Aman Mohd Saari, the electoral watchdog had sent two official letters dated February 28 and March 9 to the EC, but did not receive any reply.

In the two letters sighted by Malay Mail, the EC was asked to provide the status of the objections and local enquiries for Selangor voters who did not receive any notification from the EC.

Review of the Indira Gandhi decision? — Gurdial Singh Nijar

Source: The Sun Daily

(Deputy President, HAKAM)

HARDLY is the ink dry on the Federal Court’s Indira Gandhi decision, a group of NGOs have announced that they will file an application for the Federal Court to review its decision. The public seems intrigued. After all, it was a final decision of the highest court of the land. What is this power of review? When can it be exercised?

Does the power exist?

Yes, the Federal Court does have an inherent power to review its own decision. It has a wide discretion to do so. But it is an exceptional power which is sparingly exercised. Read more

Muslim coalition to challenge Federal Court decision on unilateral conversion

Source: The Malay Mail Online

KUALA LUMPUR, Feb 7 — A Muslim coalition will file a judicial review in a bid to overturn a landmark Federal Court decision that outlawed the unilateral conversion of children recently.

The Malaysian Insight reported that Movement to Defend Ummah reached the decision after a roundtable discussion involving Malaysia Shariah Lawyers Association president Musa Awang, former chief justice Ahmad Fairuz, Ummah chairman Ismail Mina Ahmad and Pahang mufti Abd Rahman Osman in Kuala Lumpur today.

The movement’s chief secretariat Aminuddin Yahaya said the Federal Court’s decision to nullify the conversion of the three children was not in line with the Constitution that states Islam is the main religion of the country.

Last week, the Federal Court ruled that the unilateral conversion of M. Indira Gandhi’s three children to Islam by her ex-husband was null and void. Read more

In Dr M’s lawsuit, court told PM has no legal duty to advise on CJ’s revocation

Source: The Malay Mail Online

KUALA LUMPUR, Oct 24 — The prime minister has no legal duty to advise the country’s ruler to cancel the chief justice’s (CJ) appointment, as there was no such duty written in the Federal Constitution, the High Court was told today.

Senior federal counsel Alice Loke Yee Ching said she had objected against Tun Dr Mahathir Mohamad’s bid to further his lawsuit, also explaining that she had argued that Dr Mahathir cannot seek a mandamus or court order to compel the prime minister to push for the ruler to revoke royal assent for the Chief Justice’s appointment.

“I said it has nothing to do with the government,” she told reporters when met at the Kuala Lumpur court complex today.

“But whether he can ask for mandamus against the prime minister, I said he cannot, because he must show legal duty on the part of the prime minister to advise the Yang di-Pertuan Agong to revoke.”

“Constitution doesn’t provide for legal duty on part of the prime minister to advise the Agong to revoke the appointment or to revoke the assent given to the appointment. The Constitution does not show the prime minister has duty, so for that reason, mandamus cannot arise.

“Mandamus can only arise if there is legal duty in statue on part of the public officer to do something,” she added. Read more

Judicial review application hearing to challenge A-G’s 1MDB report official secret classification

Source: The Malay Mail Online

KUALA LUMPUR, May 26 ― The High Court here today set Aug 1 to hear the application for a judicial review filed by Selangor Menteri Besar Datuk Seri Mohamed Azmin Ali and Muhammad Zahid Md Arip to challenge the decision to classify the Auditor-General’s report on 1Malaysia Development Berhad (1MDB) as official secret.

Judge Datuk Wira Kamaludin Md Said set the date in chambers in the presence of lawyer Mohamed Haniff Khatri Abdulla representing Muhammad Zahid and lawyer N. Ganeson representing Mohamed Azmin.

Also present were senior federal counsel Shamsul Bolhassan representing the respondents, namely Prime Minister Datuk Seri Najib Tun Razak, former Auditor-General Tan Sri Ambrin Buang and the Malaysian Government.

Mohamed Azmin and Muhammad Zahid filed the application separately on Aug 15 and 5 last year.

In his application, Mohamed Azmin is seeking for a declaration that Najib had acted in conflict of interest, in issuing a certificate under Section 2B of the Official Secrets Act 1972, to Ambrin, directing him to classify his report on 1MDB as an “official secret”.

Azmin is also seeking for another declaration that the classification by Ambrin on the 1MDB report as “official secret” under the OSA was unlawful and “ultra vires” (beyond the power) of the Federal Constitution, the OSA and the Audit Act 1957.

Meanwhile, Muhammad Zahid, who is former spiritual leader of Pertubuhan Tolak Individu Bernama Anwar Ibrahim (TIBAI) filed the legal bid against the same respondents, seeking an order to make the 1MDB final report publicly accessible.

On Jan 11, the High Court granted both of them leave to proceed with their judicial review seeking to declassify the audit report on 1MDB. ― Bernama

Tony Pua’s appeal to challenge 2015 travel ban fails

Source: The StarOnline

Pic taken from The Star Online

PUTRAJAYA: Petaling Jaya Utara MP Tony Pua failed in his bid to challenge the Immigration Department director-general’s decision to bar him from travelling abroad.

Pua had filed an appeal against the High Court’s July 2016 dismissal of his judicial review application challenging the director-general’s decision.

He named the director-general and the Government as respondents.

In a unanimous decision Wednesday, Court of Appeal judge Justice Mohd Zawawi Salleh said there was no reason for the panel to interfere with the High Court’s decision. Read more

Selangor fail injunksi halang inkuiri SPR

Sumber: FMT News

Azmin Ali berkata, laporan SPR tidak berperlembagaan jika Selangor dikecualikan apabila SPR mengemukakan laporan persempadanan semula kepada perdana menteri untuk kelulusan Dewan Rakyat. Gambar dipetik dari FMT News.

PETALING JAYA: Kerajaan Selangor yang diketuai PKR memfailkan permohonan injunksi untuk menghalang Suruhanjaya Pilihan Raya (SPR) menjalankan siasatan ke-2 ke atas persempadanan semula di Semenanjung sehingga kesnya diputuskan mahkamah.

Ia juga mahu mahkamah mengeluarkan perintah untuk menghalang SPR menyerahkan laporan persempadanan semula kepada Perdana Menteri, Datuk Seri Najib Razak yang di bawah Perlembagaan Persekutuan akan membentangkan keputusan itu di Dewan Rakyat untuk mendapatkan kelulusan.

Peguam, Latheefa Koya berkata, hakim Mahkamah Tinggi, Azizul Azmi Adnan akan mendengar permohonan itu pada 5 Julai ini.

“Selangor sebagai entiti Malaya tidak boleh dikecualikan apabila SPR mengemukakan laporannya kepada perdana menteri,” katanya kepada FMT.

Beliau berkata, Menteri Besar Selangor, Datuk Seri Mohamed Azmin Ali memfailkan 1 afidavit untuk menyokong permohonan yang dikemukakan pada 20 April lalu.

Timbalan presiden PKR itu berkata, tindakan SPR menerbitkan notis ke-2 untuk melakukan inkuiri ke-2 melanggar Perkara 113 (6) Perlembagaan yang menyatakan perlu ada semakan semula berasingan untuk negeri di Malaya, Sabah dan Sarawak. Read more

Govt cannot intervene in case of Malaysians on Singapore death row, court rules

Source: The Malay Mail Online

court-signpost-200x200 (1)KUALA LUMPUR, March 24 — Two Malaysians who are on death row in Singapore for drug trafficking today failed to obtain leave for a judicial review to compel the government to intervene by referring the republic to the International Court of Justice (IJC).

This followed a decision by High Court judge Datuk Hanipah Farikullah in dismissing the applications by S. Prabagaran, 30, and his mother, V. Eswary, 54, as well as K. Datchinamurthy, 32, and his mother, A. Letchumi, 54,

Hanipah made the decision in chambers in a proceeding attended by their lawyers, N. Surendran and Latheefa Koya, as well as Senior Federal Counsel Datuk Umar Saifuddin Jaafar and Awang Armadajaya Awang Mahmud, who represented the home minister and the government, and lawyer Andrew Khoo, from the Bar Council. Read more

Anti-TPP groups withdraw lawsuit following trade deal’s collapse

Source: The Malay Mail Online

Tindakan 3 NGO memfailkan semakan kehakiman pada November lepas tidak dapat diadili kerana mahkamah tidak mempunyai bidang kuasa mendengar dan membuat keputusan mengenai TPPA yang masih belum ditandatangani. – Gambar fail The Malaysian Insider, 12 Januari, 2016.

Tindakan 3 NGO memfailkan semakan kehakiman pada November lepas tidak dapat diadili kerana mahkamah tidak mempunyai bidang kuasa mendengar dan membuat keputusan mengenai TPPA yang masih belum ditandatangani. – Gambar fail The Malaysian Insider, 12 Januari, 2016.

PUTRAJAYA, March 16 ― Three groups opposing the Trans-Pacific Partnership (TPP) agreement today dropped their lawsuit to halt Malaysia from joining the free-trade deal.

The US, which spearheaded the negotiations, and Malaysia have both decided to pull out from the 12-nation pact.

Lawyer Mohamed Haniff Khatri Abdulla informed the Federal Court that his clients instructed the withdrawal of the lawsuit as the matter was now academic.

“First by withdrawal of US from the TPP on January 23, 2017 and the second one (is) where our own minister of trade just two days ago had in Parliament confirmed that as the terms of agreement as it stands, Malaysia is not keen to proceed,” he told the court.

The Federal Court panel chaired by the Court of Appeal president Tan Sri Md Raus Sharif struck out the application and made no order as to costs, as the government’s senior federal counsel Shamsul Bolhassan had agreed not to seek any.

The two other judges on the panel are Tan Sri Ahmad Maarop and Datuk Dr Prasad Sandosham Abraham. Read more

Selangor goes to apex court over Sisters in Islam ‘fatwa’ ruling

Source: FMT News

Selangor Islamic religious authorities to apply for leave to appeal in the Federal Court following Court of Appeal ruling that civil court can hear a challenge to a ‘fatwa’. Pic taken from FMT News.

Selangor Islamic religious authorities to apply for leave to appeal in the Federal Court following Court of Appeal ruling that civil court can hear a challenge to a ‘fatwa’. Pic taken from FMT News.

KUALA LUMPUR: The Selangor government and its state religious authorities are going to the Federal Court to appeal a ruling that the civil court has jurisdiction to hear a constitutional challenge to a “fatwa” (religious edict).

Lawyer Farhan Haziq said this decision was conveyed by Selangor state legal adviser Nik Suhaimi Nik Sulaiman to High Court deputy registrar Nazlin Othman during case management today .

“They will also apply for a stay of proceedings in the High Court pending the outcome in the Federal Court,” said the lawyer who appeared for Islamic non-governmental organisation Sisters in Islam (SIS) and two others.

The next case management has been fixed for April 10.

The Selangor authorities have to first file a leave to appeal application before the apex court determines whether there is merit to hear the merits of the case.

On March 2, the Court of Appeal said the civil court had jurisdiction to hear SIS’ complaint. Read more