Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Suspension and restriction orders

Legal area

Court

27 Oct 2021

LEE SOON TIANG 1. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA 2. KETUA POLIS NEGERI JOHOR 3. KERAJAAN MALAYSIA

Citation

BA-25-2-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-2-01/2021 (Mahkamah Tinggi)

The detention, suspension and restriction orders were quashed because the allegation of facts underlying the detention order did not expressly state that the applicant acted in association with a substantial body of persons as required by Article 149 and the SPMA preamble; such an essential omission cannot be remedied by subsequent affidavit and rendered the orders unlawful despite credible explanations for delay.
22 Jul 2020

NOOR FADZLI BIN MORAD 1. ) KETUA POLIS NEGARA, MALAYSIA 2. ) TIMBALAN MENTERI DALAM NEGERI, MALAYSIA 3. ) KEMENTERIAN DALAM NEGERI, MALAYSIA

Citation

BA-25-59-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-59-07/2019 (Mahkamah Tinggi)

Judge found affidavits establishing service of Form III and that the Advisory Board recommended extension within its jurisdiction; extension order explicitly stated the same grounds as the original order satisfying s11A(1)(a)(aa); the applicant signed the bottom endorsement acknowledging service and understanding so the omission of one officer's signature was not fatal; accordingly there was no non-compliance warranting relief and the judicial review application was dismissed.