30 Apr 2021
Sundra Rajoo a/l Nadarajah 1.Menteri Luar Negeri, Malaysia 2.Peguam Negara Malaysia 3.Suruhanjaya Pencegahan Rasuah Malaysia 4.Kerajaan Malaysia
- Citation
- 01(f)-38-12/2020(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-38-12/2020(W) (Mahkamah Persekutuan)
The Federal Court held that the words 'immunity from suit or from other legal process' in Part II of the Second Schedule to Act 485 include criminal proceedings; the appellant, as a former High Officer, enjoyed functional immunity for acts done in his official capacity which covered the charged conduct; section 8A(1) does not negate that protection; the Attorney General's Article 145(3) discretion is amenable to judicial review in appropriate, exceptional circumstances and the High Court may grant declaratory relief quashing charges that are nullities by reason of statutory immunity; accordin…