Constitutional, Administrative and Human Rights Law
The firm has been involved in significant constitutional, administrative and human rights cases and is regularly consulted and briefed in high profile disputes of complexity across the spectrum of these practice areas.
Notable cases include:
- In Re The Detention of S. Sivarasa & Ors  1 CLJ 471. High Court decision on extended remand periods and the justification for the same.
- Abdul Ghani Haroon v Ketua Polis Negara & Another Application (No 4)  3 CLJ 606. High Court decision on the power of the court to suspend a re-arrest under the Internal Security Act 1960.
- Ezam Mohd Noor v Ketua Polis Negara & Other Appeals  4 CLJ 309. Federal Court decision on detentions without trial under the Internal Security Act 1960 and habeas corpus proceedings.
- Raja Petra Raja Kamarudin v Menteri Hal Ehwal Dalam Negeri  1 LNS 920. High Court decision allowing a habeas corpus challenge in respect of a detention by the Minister under section 8, Internal Security Act 1960. Related decisions can be found at Menteri Hal Ehwal Dalam Negeri v Raja Petra Raja Kamarudin & Another Appeal  3 CLJ 513.
- Malaysian Trade Union Congress & 13 Ors v Menteri Tenaga, Air dan Komunikasi & Anor  3 MLJ 145. Federal Court decision on locus standi and the “adversely effected” test for judicial review.
- Majlis Agama Islam Selangor v Bong Boon Chuen & Ors  6 MLJ 307. Federal Court decision on entitlement, and procedure, to intervene in judicial review proceedings.
- Wong Kin Hoong & Anor (suing for themselves and on behalf all of the occupants of Kampung Bukit Koman, Raub, Pahang) v Ketua Pengarah Jabatan Alam Sekitar & Anor  4 MLJ 161. Federal Court decision on the test for extensions of time for commencing judicial review.
- Sundra Rajoo Nadarajah v Menteri Luar Negeri, Malaysia & Ors  6 CLJ 199; Federal Court decision on prosecutorial discretion of the Attorney-General.
- Muhammad Hilman Idham & Ors v Kerajaan Malaysia & Ors  9 CLJ 50. Decision of the Court of Appeal on the entitlement of university students to involve themselves in political activities.
- Dato’ Seri Syed Hamid Syed Jaafar Albar (Menteri Dalam Negeri) v SIS Forum (Malaysia)  9 CLJ 297. Court of Appeal decision on the scope of public order and the power to ban publications concerning Islamic matters.
- Public Prosecutor v Azmi Sharom  8 CLJ 921. Federal Court decision on an Article 4(1), Federal Constitution challenge on the validity of the Sedition Act 1948.
- Raja Segaran Krishnan v Bar Council Malaysia & 2 Ors  1 LNS 538. High Court decision after trial on the entitlement of the Malaysian Bar to freely discuss allegation of judicial misconduct. Related decisions can be found at Raja Segaran Krishnan v Bar Council Malaysia & Ors (No 4)  4 CLJ 85, Raja Segaran Krishnan v Bar Council Malaysia & Ors  2 CLJ 44, Raja Segaran Krishnan v Bar Council Malaysia & Ors (No 2)  1 CLJ 680.
- Haris Fatillah B. Mohd Ibrahim v Suruhanjaya Pilihan Raya Malaysia, Civil Appeal No: W-01(A)-271-08/2015. Court of Appeal decision on the right of voters to information pertaining to a re-delineation exercise by the Election Commission.
- Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd & Ketua Editor Malaysiakini, Civil Application No.08(L)-4-06/2020(W). On 19.02.2021, the Federal Court, by a majority of 6-1, found news portal Malaysiakini liable for contempt of court over comments made by its readers and fined the company RM500,000.
Mkini Reported Grounds of Judgment 19.02.2021 [ 3 CLJ 603].
- Nazrul Imran Mohd Nor v Civil Service Commission Malaysia & Anor  10 CLJ 737; This was a decision of the Court of Appeal pertaining to an appeal against the appellant’s dismissal from civil service following a comment that was made on a Facebook post of a former Prime Minister. The Court of Appeal quashed the 1st respondent’s decision to dismiss the appellant on the ground that it was irrational and disproportionate. The respondents’ application for leave to appeal to the Federal Court was dismissed.
- Latifah bte Mat Zin v Rosmawati bte Sharibun  5 MLJ 101. Federal Court decision on conflicts of jurisdiction between the Malaysian civil courts and syariah courts.
- Kamariah Ali & Anor v Kerajaan Negeri Kelantan & Anor  3 CLJ 409. Federal Court decision on the renunciation of faith by Muslims and the power of the syariah courts to commit for contempt.
- Lina Joy lwn. Majlis Agama Islam Wilayah Persekutuan & Yang Lain  3 CLJ 557. Federal Court decision on the renunciation of faith by Muslims.
- Subashini Rajasingam v Saravanan Thangathoray & Other Appeals  2 CLJ 1. Federal Court decision on the conflict of jurisdiction arising in marital and custody disputes between spouses, one of whom had subsequent to the marriage converted to Islam.
- Sulaiman bin Takrib v Kerajaan Negeri Terengganu (Kerajaan Malaysia, intervener) and other applications  6 MLJ 354. Federal Court decision in respect of two Article 4(1) challenges on the power of the States to legislate through fatwa councils, and the meaning of the phrase “precepts of Islam”. A related decision can be found at Abdul Kahar bin Ahmad v Kerajaan Negeri Selangor (Kerajaan Malaysia, intervener) & Anor  3 MLJ 617.
- ZI Publications Sdn Bhd & Anor v Kerajaan Negeri Selangor (Kerajaan Malaysia & Anor, intervener)  1 MLJ 153. Federal Court decision in respect of an Article 4(1) challenge on the power of the State Legislative Assemblies to enact laws restricting the freedom of expression in furtherance of the administration of Islam.
- Shamala a/p Sathiyaseelan v Dr Jeyaganesh a/l C Mogarajah (also known as Muhammad Ridzwan bin Mogarajah) & Anor  2 MLJ 281. Federal Court decision on the entitlement of parties in contempt to move a court for relief.
- Iki Putra Mubarak Kerajaan Negeri Selangor & Anor  3 CLJ 465. Federal Court decision on the constitutionality and validity of section 28, Syariah Criminal Offences (Selangor) Enactment 1995, which was found by a nine-judge panel to be invalid for being in contravention of the Federal Constitution.
- Hisham Halim v Maya Ahmad Fuaad & Ors  1 LNS 608, 1 LNS 550, 1 LNS 1890; This case concerns 3 separate judicial reviews before the High Court. The applicant’s challenge is as against the appointment of the Chief Syariah Judge and challenge the Syariah Appeal Court’s power to punish for contempt.
- Teoh Meng Kee v Public Prosecutor  5 MLJ 741. Court of Appeal decision on the scope of inquests and the standard of proof.
- Rekapacific v Securities Commission & Anor & Other Appeals  2 CLJ 108. Decision of the Court of Appeal in a commercial judicial review on the scope of discovery and the entitlement of cross-examination of deponents.
- QSR Brands Bhd v Suruhanjaya Sekuriti & Anor  2 CLJ 532. Court of Appeal decision in a commercial judicial review pertaining to a take-over exercise on locus standi in such proceedings and the pre-conditions to challenge.
- Tenaga Nasional Berhad v Ong See Teong & Anor  2 CLJ 1. Fededral Court decision involving the extent of the entitlement of licencees under the Electricity Supply Act 1990 to access private land.
- Deloitte PLT v Securities Commission of Malaysia  1 LNS 995; High Court decision in a commercial judicial review against administrative action taken for breaches of the Capital Markets and Services Act 2007.
- Khaliq Mehtab Mohd Ishaq & Anor v Dewan Undangan Negeri Pulau Pinang & Anor  6 CLJ 947; This High Court decision concerns the reference of the constitutional question of whether Article 14A(1), Constitution of the State of Penang (Amendment) Enactment 2012 was void for being against and/or inconsistent with Article 10(1)(c), Federal Constitution.
- SIS Forum (Malaysia) v Kerajaan Negeri Selangor; Majlis Agama Islam Selangor (Intervener)  3 CLJ 339 (FC); This was a Federal Court decision concerning the constitutionality of section 66A of the Administrative of the Religion of Islam (State of Selangor) Enactment 2003 which gave the Syariah courts jurisdiction to hear and decide on judicial review. The Federal Court ruled that section 66A was unconstitutional as judicial review is exclusively a judicial power of the civil superior courts.
- Iki Putra Mubarak Kerajaan Negeri Selangor & Anor  3 CLJ 465; Federal Court decision on the constitutionality and validity of section 28, Syariah Criminal Offences (Selangor) Enactment 1995, which was found by a nine-judge panel to be invalid for being in contravention of the Federal Constitution.