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.