How unjust it is for victims of Detention Without Trial(DWT) Laws cannot even challenge even 'fake' reasons if used by authorities to justify restrictions/detentions - Courts are barred to see if the reasons used are reasonable. The victim loses liberty/freedoms without being accorded to a right to a FAIR TRIAL.
Detention Without Trial(DWT) Laws remains a travesty and injustice in Malaysia, as this allows the authorities the ability to arrest and indefinitely detain and restrict freedoms indefinitely(2 years at a time) and the victims cannot even challenge the REASONS why he/she is detained or restricted.
Prevention of Crime Act 1959 (POCA), Dangerous Drugs (Special Preventive Measures) Act 1985, Prevention of Terrorism Act 2015 (“POTA”)
JUSTLY, the Judiciary should be able to check on the executive to ensure NO ABUSE OF POWER - that includes the availability of challenging REASONS advanced by government in the use of DWT laws..But, alas 'OUSTER CLAUSES' prevent the courts from doing this.
11C Judicial review of act or decision of Yang di-Pertuan Agong and Minister(1) There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Yang di-Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with this Act, save in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.
(2) The exception in regard to any question on compliance with any procedural requirement in subsection (1) shall not apply where the grounds are as described in section 6A.
So, if by chance the Prime Minister forgets to use his real name - but uses his 'glamour' name and other procedural reasons like that can one successfully challenge a DWT law Restriction/Detention order - it is so sad and unjust - the right to challenge the REASONS must be at least there - for these victims already denied the Right to a Fair Trial.
Why exactly is the government afraid to have the reasons used reviewed by Court? One must wonder...are they afraid that court will fine the reasons unjustified..
A good government will remove these 'OUSTER CLAUSES' - allowing real democracy to happen. Where executive decicions will always be subject to Judicial Review - a needed check and balance in a democracy
An opportunity missed - when Federal Court found POCA 'ouster clause' OK? SEE JUDGEMENT - a 4-1 decision, FCJ NALLINI P dissenting?
Court quashes detention order because PM used his 'glamour name'
The Shah Alam High Court today quashed a preventive detention order which was signed last year by Prime Minister Muhyiddin Yassin who was also acting as home minister at the time.
Lawyer Danial Amir Hamzah told Malaysiakini that this was because the prime minister signed the order using his "glamour name" Muhyiddin Mohd Yassin rather than his government gazetted MyKad name Mahiaddin Md Yasin.
“Under the Ministerial Functions Act 1969, the name stated in the gazette is Mahiaddin Md Yasin, the name in his MyKad.
“Today, the High Court ruled that any executive decision or action taken by the prime minister or minister must use the name in the gazette, namely the name in the MyKad and not the glamour name.
“The detention order was signed off with the name Muhyiddin rather than Mahiaddin. The court, therefore, allowed our habeas corpus application,” Danial said.
He said judicial commissioner Norsharidah Awang today allowed the habeas corpus application by Sabahan Awang Sari Lasikan.
Danial, who appeared together with co-counsel Zafran Zafri Mohd Zaini, acted for general worker Awang, who was detained under the order signed by Muhyiddin on March 10, last year.
The Sabahan is now freed from detention.
The lawyer today said the High Court agreed with their submission that Muhyiddin should not have signed the detention order with his "Muhyiddin" name rather than his MyKad name of Mahiaddin.
"When the new government (Perikatan Nasional) took over in early March last year, there was still no cabinet and Muhyiddin, besides being the prime minister, was also carrying out duty as then home minister.
"Among the duties he carried out was signing off on detention orders under the Dangerous Drugs (Special Preventive Measures) Act 1985, which included signing the order against my client on March 9, 2020.
"We then went to the Shah Alam High Court to challenge the validity of the detention order as it was not signed according to Muhyiddin’s name as stated in the government gazette," he said.
Danial explained that today’s ruling has potentially opened the floodgates for other similar habeas corpus applications.
He said there are several other detainees under detention orders signed by Muhyiddin at the time.
According to a copy of Awang’s legal team's submission sighted by Malaysiakini, they contended the detention order is invalid because it was issued and signed under a name (Muhyiddin) that is not valid in law as specified by the Ministerial Functions Act and the Dangerous Drugs (Special Preventive Measures) Act.
They submitted that despite the gazette stating the person tasked then with carrying out the task of home minister as Mahiaddin Md Yasin, the detention order however was signed by Muhyiddin Mohd Yassin.
Federal Counsel Muhamad Safuan Azhar
acted for the two respondents in today’s matter, namely the deputy home
minister and the Simpang Renggam Behavioral Rehabilitation Centre’s
senior enforcer. - Malaysiakini, 2/4/2021
Court revokes detention order as PM used ‘glamour name’
THE Shah Alam High Court today dismissed a preventive detention order signed by Muhyiddin Yassin when he was home minister, Malaysiakini reports.
Lawyer Danial Amir Hamzah said the court had ruled in favour of the defence because the prime minister signed the order using his “glamour name” Muhyiddin Mohd Yassin rather than his government gazetted MyKad name Mahiaddin Md Yasin.
“Under the Ministerial Functions Act 1969, the name stated in the gazette is Mahiaddin Md Yasin, the name in his MyKad.
“Today, the high court ruled that any executive decision or action taken by the prime minister or minister must use the name in the gazette, namely the name in the MyKad and not the glamour name,” he was quoted as saying.
Danial said judicial commissioner Norsharidah Awang allowed the habeas corpus application by Sabahan Awang Sari Lasikan, who is now free from detention.
Danial is representing Awang, who was detained under the order signed by Muhyiddin on March 10, last year.
He said the high court agreed with their submission that Muhyiddin should not have signed the detention order with his “Muhyiddin” name rather than his MyKad name of Mahiaddin.
Danial also added that today’s ruling has potentially opened the floodgates for other similar habeas corpus applications.
He said there are several other detainees under detention orders signed by Muhyiddin at the time. – April 2, 2021. - Malaysian Insight, 2/4/2021
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