Pe­nang’s pa­trol unit de­clared un­law­ful

> PPS can­not be taken as a le­gal en­tity to per­form po­lice du­ties, judge rules


GE­ORGE TOWN: The Pe­nang govern­ment has failed in its ef­forts to lift the Home Min­istry’s dec­la­ra­tion on the il­le­gal sta­tus of the Vol­un­tary Pa­trol Unit (PPS).

Pe­nang High Court Judge Datuk Had­hariah Syed Is­mail said the min­is­ter has the right to make the dec­la­ra­tion and was right in declar­ing PPS un­law­ful.

She said the dec­la­ra­tion was within the dis­cre­tion of the min­is­ter, who need not ex­plain the de­ci­sion.

Had­hariah said the state govern­ment was wrong in hav­ing PPS per­form po­lice du­ties and have ranks which were un­law­ful. She said PPS can­not be taken as a le­gal en­tity to per­form po­lice du­ties.

“While PPS has good in­ten­tions to sup­ple­ment po­lice work, good in­ten­tions are not enough be­cause it con­tra­venes the law,” she said in de­liv­er­ing her judg­ment yes­ter­day, with no or­der for costs.

The Pe­nang govern­ment had on Jan 27, 2015, filed a ju­di­cial re­view to chal­lenge the Home Min­istry’s or­der.

It was seek­ing, among oth­ers, a dec­la­ra­tion that PPS was law­fully and prop­erly es­tab­lished by the state govern­ment un­der the Lo­cal Govern­ment Act 1976.

The state govern­ment named the home min­is­ter, in­spec­tor-gen­eral of po­lice and the govern­ment as re­spon­dents in its ju­di­cial re­view ap­pli­ca­tion. On Oct 8 last year, Ju­di­cial Com­mis­sioner Collin Lawrence Se­querah dis­missed the state govern­ment’s ap­pli­ca­tion for leave for ju­di­cial re­view.

The state sub­se­quently ap­pealed and a Court of Ap­peal three-man bench, led by Jus­tice Datuk Lim Yee Lan, al­lowed the state govern­ment’s ap­peal to set aside the Pe­nang High Court’s de­ci­sion to re­ject its leave ap­pli­ca­tion and or­dered the case to be re­mit­ted to the High Court. Ap­pear­ing for the govern­ment was se­nior fed­eral coun­sel Sham­sul Nor Has­san while the plain­tiff was rep­re­sented by Eric Au­gustin.


... Se­lan­gor Com­mer­cial Crime In­ves­ti­ga­tion Depart­ment chief ACP Mohd Sakri Arif­fin show­ing a wad of fake RM100 notes pro­duced by a syn­di­cate. He said trans­ac­tions were usu­ally car­ried out in dark ar­eas to avoid sus­pi­cion and three sus­pects were nabbed dur­ing a raid.


Au­gustin (cen­tre) telling for­mer PPS chief co­or­di­na­tor A. Man­ickam (right) and for­mer PPS deputy chief T. Visve­nathan the out­come of the case.

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