22 Apr 2026
SIVACHANDRAN A/L S JAYARAJAH
- Citation
- 05(RJ)-6-11/2024(C) (Mahkamah Persekutuan)
- Court
- RJ
- Case number
- 05(RJ)-6-11/2024(C) (Mahkamah Persekutuan)
Judgment: Judicial whipping as prescribed under the Criminal Procedure Code and federal penal statutes is unconstitutional because it violates Article 5(1) (right to life with dignity) and Article 8(1) (proportionality/equality) of the Federal Constitution and is inconsistent with the UDHR and customary international prohibitions on torture/CIDT; the Federal Court may use its Rule 137 inherent power to review and set aside such sentences prospectively to prevent grave injustice.