16 Jul 2021
NIVESH NAIR A/L MOHAN 1. DATO' ABDUL RAZAK BIN MUSA, PENGERUSI LEMBAGA PENCEGAHAN JENAYAH 2. LEMBAGA PENCEGAHAN JENAYAH 3. PENGUASA, PUSAT PEMULIHAN KHAS, SIMPANG RENGGAM, KLUANG, JOHOR
- Citation
- 05(RJ)-2-03/2021(W) (Mahkamah Persekutuan)
- Court
- RJ
- Case number
- 05(RJ)-2-03/2021(W) (Mahkamah Persekutuan)
The review application was allowed and the prior Federal Court order dated 19.2.2021 was set aside because the majority judgment decided, on a crucial point (that the Basic Structure Doctrine is not part of our law), an issue that was not put to the parties and which the parties had proceeded on a different common premise, thereby breaching natural justice (audi alteram partem) and causing a substantial miscarriage of justice; rehearing ordered.