23 Jan 2025
[ ] 1. ) ZAINUDIN BIN ABD WAHAB 2. ) MUHAMMAD AZIMUDDIN ANWAR BIN AMIR HAMZAH
- Citation
- JA-43(A)-3-10/2024 (Mahkamah Tinggi)
- Court
- A
- Case number
- JA-43(A)-3-10/2024 (Mahkamah Tinggi)
The magistrate exceeded jurisdiction by issuing a conditional release order at the conclusion of remand under the guise of s.117 KTJ because s.117 is limited to authorising remand only; SPRM's Perintah Tetap is an internal administrative directive without force of law and cannot expand or override the statutory remand regime; lawful alternatives (s.388 police/SPRM bail, s.118 bonds) remain available to enforcement agencies including SPRM under s.29(3) of the SPRM Act; therefore the magistrate's order of 28.10.2024 was void and is quashed.