Speaker Biographies
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Federal Court Criminal Appeal No: 05(Hc)-153-11/2020 (W)
FEDERAL COURT CRIMINAL APPEAL NO: 05(HC)-153-11/2020 (W) High Court of Malaya at Kuala Lumpur Criminal Application No. WA-44-207-10/2020 ZAIDI BIN KANAPIAH … APPELLANT AND 1. ASP KHAIRUL FAIROZ BIN RODZUAN 2. MAJISTRET MAHKAMAH MAJISTRET KUALA LUMPUR 3. KETUA POLIS NEGARA MALAYSIA 4. KERAJAAN MALAYSIA … RESPONDENTS Heard together with FEDERAL COURT CRIMINAL APPEAL NO: 05(HC)-155-11/2020 (W) High Court of Malaya at Kuala Lumpur Criminal Application No. WA-44-206-10/2020 MOHD HAIRY BIN MOHAMMAD … APPELLANT AND 1. ASP KHAIRUL FAIROZ BIN RODZUAN 1 | Page 2. MAJISTRET MAHKAMAH MAJISTRET KUALA LUMPUR 3. KETUA POLIS NEGARA MALAYSIA 4. KERAJAAN MALAYSIA … RESPONDENTS And FEDERAL COURT CRIMINAL APPEAL NO: 05(HC)-156-11/2020 (W) High Court of Malaya at Kuala Lumpur Criminal Application No. WA-44-208-10/2020 MUHAMAD AMIN NUR RASHID BIN MOHAMED PUAD … APPELLANT AND 1. ASP KHAIRUL FAIROZ BIN RODZUAN 2. MAJISTRET MAHKAMAH MAJISTRET KUALA LUMPUR 3. KETUA POLIS NEGARA MALAYSIA 4. KERAJAAN MALAYSIA … RESPONDENTS 2 | Page CORAM TENGKU MAIMUN TUAN MAT, CJ VERNON ONG LAM KIAT, FCJ ZALEHA YUSOF, FCJ HASNAH MOHAMMED HASHIM, FCJ RHODZARIAH BUJANG, FCJ SUMMARY OF GROUNDS OF JUDGMENT [1] The central issue in these appeals is the constitutionality of Section 4 of the Prevention of Crime Act 1959 (" POCA"). The Federal Constitution (‘FC”) is the heartbeat of this great Nation defining the Legislature, Executive, and Judiciary parameters, intricately woven yet profoundly independent of each other. The sanctity of the FC must be respected, jealously protected, staunchly -
Mr.Justice Salahuddin Mirza ACADEMIC QUALIFICATION
Mr.Justice Salahuddin Mirza 08.01.2007 to 07.01.2010 ACADEMIC QUALIFICATION • Matriculation in 1950 from Sindh University (B.V.S. Parsi High School, Karachi). • Intermediate and B.A. from Sindh Muslim College Karachi in 1954. • L.L.B from Sindh Muslim Law College in 1958. • Appeared in the P.C.S. (Judicial Branch) examination of the West Pakistan Public Service Commission in 1959 and qualified the same, standing first in English language. EXPERIENCE • On appointment, his services were placed at the disposal of Lahore Bench of West Pakistan High Court. • First posting at Multan in 1960. Further postings in Lahore, Pakpattan and again in Lahore and Dera Ghazi Khan. • On the break-up of one Unit in 1970, the all West Pakistan Services were bifurcated on the basis of domicile and, since his domicile was of Karachi. • He was repatriated to Sindh and posted in Thatta as Civil Judge and FCM. • Promoted as Additional District & Sessions Judge and posted in Karachi from 1972 to 1974 and at Larkana from 1975 to 1976. • Served as Judge of the Labour Court Sukkur (1977-79) and Judge of Labour Court at Karachi (1979 to 1981). • Promoted as District and Sessions Judge in 1980. • Served in the Law Division, Ministry of Justice and Parliamentary Affairs, Islamabad, as Deputy Solicitor/Joint Secretary from February 1981 to March, 1985. • On completion of deputation in the Law Division was posted at Karachi as Chairman Appellate Tribunal (Local Councils) where he served from April, 1985, to April,1988. • Served as the Registrar of the Sindh High Court from April 1988 to September, 1988, when elevated to the High Court. -
MOHAMAD EZAM MOHD NOOR V. KETUA POLIS NEGARA & OTHER
Mohamad Ezam Mohd Noor v. [2002] 4 CLJ Ketua Polis Negara & Other Appeals 309 MOHAMAD EZAM MOHD NOOR a v. KETUA POLIS NEGARA & OTHER APPEALS FEDERAL COURT, KUALA LUMPUR b MOHAMED DZAIDDIN CJ WAN ADNAN ISMAIL PCA STEVE SHIM CJ (SABAH & SARAWAK) ABDUL MALEK AHMAD FCJ SITI NORMA YAAKOB FCJ c [BIL: 05-8-2001(W), 05-9-2001(W), 05-10-2001(W), 05-11-2001(W) & 05-12-2001(W)] 6 SEPTEMBER 2002 EVIDENCE: Fresh or further evidence - Additional evidence - Criminal appeals, power of Federal Court to take additional evidence - Courts of d Judicature Act 1964, s. 93(1) - “if it thinks additional evidence to be necessary” - Whether means additional evidence ‘necessary or expedient in the interests of justice’ - Requirements of ‘non-availability’, ‘relevance’ and ‘reliability’ - Ladd v. Marshall e CRIMINAL PROCEDURE: Judge - Recusal - Bias - Test to be applied - Real danger of bias test - Reasonable apprehension of bias test - Whether judge was right in refusing to recuse himself PREVENTIVE DETENTION: Internal Security Act - Application and scope of - Whether enacted specifically and solely to deal with threat of f communism in Malaysia - Whether to deal with all forms of subversion - Federal Constitution, art. 149 - Internal Security Act 1960, long title and preamble PREVENTIVE DETENTION: Internal Security Act - Detention - Internal Security Act 1960, s. 73(1) - Exercise of discretion by police officer - g Whether justiciable - Whether amenable to judicial review - Preconditions in s. 73(1), whether objective or subjective - ‘Reason to believe’ - Whether objectively justiciable - Whether court can examine sufficiency and reasonableness of police officer’s ‘reason to believe’ - Whether burden on police to show compliance with preconditions in s. -
Honour Killing in Sindh Men's and Women's Divergent Accounts
Honour Killing in Sindh Men's and Women's Divergent Accounts Shahnaz Begum Laghari PhD University of York Women’s Studies March 2016 Abstract The aim of this project is to investigate the phenomenon of honour-related violence, the most extreme form of which is honour killing. The research was conducted in Sindh (one of the four provinces of Pakistan). The main research question is, ‘Are these killings for honour?’ This study was inspired by a need to investigate whether the practice of honour killing in Sindh is still guided by the norm of honour or whether other elements have come to the fore. It is comprised of the experiences of those involved in honour killings through informal, semi- structured, open-ended, in-depth interviews, conducted under the framework of the qualitative method. The aim of my thesis is to apply a feminist perspective in interpreting the data to explore the tradition of honour killing and to let the versions of the affected people be heard. In my research, the women who are accused as karis, having very little redress, are uncertain about their lives; they speak and reveal the motives behind the allegations and killings in the name of honour. The male killers, whom I met inside and outside the jails, justify their act of killing in the name of honour, culture, tradition and religion. Drawing upon interviews with thirteen women and thirteen men, I explore and interpret the data to reveal their childhood, educational, financial and social conditions and the impacts of these on their lives, thoughts and actions. -
DR LOURDES DAVA RAJ CURUZ DURAI RAJ V. DR MILTON LUM SIEW WAH & ANOR
JE34/2020 10 September 2020 Dr Lourdes Dava Raj Curuz Durai Raj [2020] 5 MLRA v. Dr Milton Lum Siew Wah & Anor 333 DR LOURDES DAVA RAJ CURUZ DURAI RAJ v. DR MILTON LUM SIEW WAH & ANOR Federal Court, Putrajaya Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Azahar Mohamed CJM, David Wong Dak Wah CJSS, Nallini Pathmanthan FCJ [Civil Appeal No: 02(i)-118-12-2018(W)] 29 July 2020 Administrative Law: Judicial review — Judicial review proceedings — Rules of natural justice — Adverse order made against person directly affected who was deprived of his right to be heard — Whether rules of natural justice breached — Whether order a nullity and ought to be set aside — Whether principle in Hong Leong Bank Bhd v. Staghorn Sdn Bhd & Other Appeals applied — Rules of Court 2012, O 15 r 6, O 53 r 4(2) The appellant (‘Dr Lourdes’) was, at the material time, the Chief Medical Service Officer and person in charge of Assunta Hospital. The 1st respondent (‘Dr Milton’) was then a Visiting Consultant Obstetrician & Gynaecologist at the same hospital while the 2nd respondent was the Malaysian Medical Council (‘MMC’). Pursuant to a complaint by Dr Milton, the MMC charged Dr Lourdes with infamous conduct in a professional respect. An inquiry was carried out and, by a majority, the MMC found that Dr Lourdes had no case to answer. Dr Milton was dissatisfied with the outcome of the inquiry and proceeded to institute judicial review proceedings for an order of certiorari against the MMC’s majority decision. Dr Milton additionally sought a declaration that Dr Lourdes was guilty of the charge against him and that the MMC be ordered to hear his plea in mitigation and for the imposition of an appropriate sentence. -
Journal Malaysian Judiciary
JOURNAL JOURNAL OF THE MALAYSIAN JUDICIARY MALAYSIAN THE OF JOURNAL OF THE MALAYSIAN JUDICIARY January 2018 January 2018 Barcode ISSN 0127-9270 JOURNAL OF THE MALAYSIAN JUDICIARY January 2018 JOURNAL OF THE MALAYSIAN JUDICIARY MODE OF CITATION Month [Year] JMJ page ADMINISTRATIVE SERVICE Publication Secretary, Judicial Appointments Commission Level 5, Palace of Justice, Precinct 3, 62506 Putrajaya www.jac.gov.my Tel: 603-88803546 Fax: 603-88803549 2018 © Judicial Appointments Commission, Level 5, Palace of Justice, Precinct 3, 62506 Putrajaya, Malaysia. All rights reserved. No part of this publication may be reproduced or transmitted in any material form or by any means, including photocopying and recording, or storing in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication, without the written permission of the copyright holder, application for which should be addressed to the publisher. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. Views expressed by contributors in this Journal are entirely their own and do not necessarily reflect those of the Malaysian Judiciary, Judicial Appointments Commission or Malaysian Judicial Academy. Whilst every effort has been taken to ensure that the information contained in this work is correct, the publisher, the editor, the contributors and the Academy disclaim all liability and responsibility for any error or omission in this publication, and in respect of anything or the consequences of anything done or omitted to be done by any person in reliance, whether wholly or partially, upon the whole or any part of the contents of this publication. -
Journal Malaysian Judiciary
JOURNAL JOURNAL OFJOURNAL JUDICIARY MALAYSIAN THE OF THE MALAYSIAN JUDICIARY July 2020 January 2019 Barcode ISSN 0127-9270 JOURNAL OF THE MALAYSIAN JUDICIARY July 2020 JOURNAL OF THE MALAYSIAN JUDICIARY MODE OF CITATION Month [Year] JMJ page ADMINISTRATIVE SERVICE Publication Secretary, Judicial Appointments Commission Level 5, Palace of Justice, Precinct 3, 62506 Putrajaya www.jac.gov.my Tel: 603-88803546 Fax: 603-88803549 2020 © Judicial Appointments Commission, Level 5, Palace of Justice, Precinct 3, 62506 Putrajaya, Malaysia. All rights reserved. No part of this publication may be reproduced or transmitted in any material form or by any means, including photocopying and recording, or storing in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication, without the written permission of the copyright holder, application for which should be addressed to the publisher. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. Views expressed by contributors in this Journal are entirely their own and do not necessarily reflect those of the Malaysian Judiciary, Judicial Appointments Commission or Malaysian Judicial Academy. Whilst every effort has been taken to ensure that the information contained in this work is correct, the publisher, the editor, the contributors and the Academy disclaim all liability and responsibility for any error or omission in this publication, and in respect of anything or the consequences of anything done or omitted to be done by any person in reliance, whether wholly or partially, upon the whole or any part of the contents of this publication. -
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. -
190KB***Thirty-Five Years of the Malaysian Judiciary Adjudicating
(2020) 32 SAcLJ 373 THIRTY-FIVE YEARS OF THE MALAYSIAN JUDICIARY ADJUDICATING ISLAMIC FINANCE MATTERS Since the introduction of Islamic finance in Malaysia three and half decades ago, the Malaysian judiciary has been confronted with various legal issues involving Islamic finance. While it is not the purpose of the article to provide an exhaustive list of decided cases1 in chronological order, the aim is to highlight the main issues impacting the practical aspects in the Islamic finance industry, namely, the issues of ibra’ (waiver), late payment charges, reference to the Shariah Advisory Council, enforceability of non-Shariah-compliant contracts and sukuk default. This is done through an analysis of reported court cases by the Superior Courts. It is found that the courts have adopted a pragmatic approach in dealing with Islamic finance matters of practical importance, hence providing clarity and certainty to the industry players. Mohd Zawawi SALLEH LLB (Hons) (Mal), LLM (Bristol); Judge, Federal Court of Malaysia. Mohd Johan LEE2 LLB (Hons), MCL (International Islamic University Malaysia), MA (Econs) (King’s College London), PhD (Monash); Advocate and Solicitor (Malaya); Syarie Lawyer; Advocate and Solicitor (Brunei). I. Introduction 1 Since its introduction in the 1980s, Islamic finance3 in Malaysia has continuously developed into a sophisticated sector, providing 1 See, for example, Mohd Johan Lee, Islamic Finance: Recovery, Rescheduling & Restructuring of Islamic Financial and Capital Market Products and Services in Malaysia (Malaysia: LexisNexis, 2nd Ed, 2019); Rusni Hassan, Ahmad Azam Othman & Norlizah Mokhtar, Islamic Banking in Malaysia: Cases and Commentaries (Malaysia: CLJ Publication, 2017); and Mohd Johan Lee, Islamic Banking in Malaysia: Shariah Theories, the Laws, Current Structures and Practices, and Legal Documentation (Malaysia: LexisNexis, 2017). -
Yong Tshu Khin & Anor V Dahan Cipta Sdn Bhd & Anor and Other Appeals [2020] MLJU 1983
Yong Tshu Khin & Anor v Dahan Cipta Sdn Bhd & Anor and other appeals [2020] MLJU 1983 Malayan Law Journal Unreported FEDERAL COURT (PUTRAJAYA) TENGKU MAIMUN TUAN MAT CHIEF JUSTICE, ZABARIAH YUSOF, HASNAH MOHAMMED HASHIM, HARMINDAR SINGH DHALIWAL AND RHODZARIAH BUJANG FCJJ CIVIL APPLICATION NO 08(RS)-3-08 OF 2018(W), 08(RS)-6-08 OF 2018(W), 08(RS)-7-08 OF 2018(W), 08(RS)- 12-10 OF 2018(B), 08(RS)-13-11 OF 2018(W), 08(RS)-14-11 OF 2018(A) AND 08(RS)-17-12 OF 2018(W) 30 November 2020 Loh Siew Cheang (Verene Tan Yeen Yi, Goh Ee Voon, Ling Young Tuen, Samantha Su Xiu Ming and Hazel Ling Ai Wenn with him) (Lee Ling & Partners) in Civil Application No 08(RS)-3-08 of 2018(W), 08(RS)-6-08 of 2018(W) and 08(RS)-7-08 of 2018(W) for the applicants. Gopal Sri Ram (S Ravenesan, Siti Nuramirah bt Azman, How Li Nee and Marcus Lee with him) (S Ravenesan) in Civil Application No 08(RS)-12-10 of 2018(B) for the applicant. Wong Rhen Yen (Jamie Wong, Wong Li Yan and Shugan Raman with him)(Jamie Wong) in Civil Application No 08(RS)-13-11 of 2018(W) for the applicant. Cecil Abraham (Rishwant Singh, Pramjit Singh, Harjit Singh, Shopna Rani MalRamkarpal Singh (Harshaan Zamani and Rayveni Asogan with him) (Karpal Singh & Co) in Civil Application No 08(RS)-14-11 of 2018(A) for the applicant. Sitpah Selvaratnam (Ganesan Nethi and Siah Ching Joe with her) (Karpal Singh & Co) in Civil Application No 08(RS)-17-12 of 2018(W) for the applicants. -
50 Reasons Why Anwar Cannot Be Prime Minister 287–8, 298 Abdul
Index 50 Reasons Why Anwar Cannot be mega-projects 194, 313–14, Prime Minister 287–8, 298 320–1, 323 successor 126, 194, 307–9, 345 Abdul Aziz Shamsuddin 298 Proton 319–21 Abdul Aziz Taha 158 Abdullah Majid 35, 36 Abdul Daim Zainuddin see Daim Abdullah Mohamed Yusof 133 Zainuddin Abu Bakar Ba’asyir 228–9 Abdul Gani Patail see Gani Patail Abu Sahid Mohamed 176 Abdul Ghafar Baba see Ghafar Baba affirmative action programme (New Abdul Khalid Sahan 165 Economic Policy/NEP) 30–1, 86, Abdul Qadeer Khan 313 87, 88–9, 96, 98, 101, 103–4, Abdul Rahim Aki 151, 152 110–13, 142, 155, 200, 230, 328, Abdul Rahim Bakar 201 329, 348 Abdul Rahim Noor see Rahim Noor Afro-Asian People’s Solidarity Abdul Rahman Putra see Tunku Abdul Organization 23 Rahman agriculture 88–9, 104, 111 Abdul Rahman Aziz 227 Ahmad Zahid Hamidi see Zahid Hamidi Abdul Razak Hussein see Razak Ali Abul Hassan Sulaiman 301 Hussein Aliran (multiracial reform movement) Abdul Wahab Patail see Wahab Patail 66, 70, 324, 329 Abdullah Ahmad 4, 26, 27, 32, 35–6, Alliance 17 38, 128, 308, 319 government 18–19, 24–5, 53, 126, Abdullah Ahmad Badawi see Abdullah 218 Badawi see also National Front Abdullah Badawi 235–7, 268, 299 Alor Star 3, 4–5, 11, 14–15, 16, 130 2004 election 317–18 MAHA Clinic (“UMNO Clinic”) 13, anti-corruption agenda 310–12, 191 317–18, 319, 327–8, 330–1 Mahathir Mohamad’s relocation to Anwar Ibrahim case 316 Kuala Lumpur from 31 corruption and nepotism Alternative Front 232, 233 allegations 312–13, 323 Anti-Corruption Agency 90, 282, 301, economic policies 194, 313–14 311, -
Of Cold Countries
of Cold Countries iy hifcvests, sometimes moneylenders, £ sometimes calamities, self-styled masters arrive. to hate my torrid country, i dry my wet clothes in these courtyards let me plant gold wheat in its fields let me quench my thirst at its rivers let me rest beneath the shade of its trees .let me wear its dust and wrap its distances around me i«: The sun and you can not walk side by side. The sun has chosen me for company. J Kishwar Nahecd, translated by Rukhsana Ahmad. Introduction ocated in the north-west of the South LAsian sub-continent, Pakistan is a relatively new political entity. Comprising four provinces (North West Frontier Province, Sindh, Punjab and Baluchistan) and the tribal areas, northern areas, and the state of Azad Jammu and Kashmir, Pakistan represents a great diversity of topography, bio- climates, peoples, and cultures. The rural-urban division is sharp, as are the disparities between the rich and the poor. The land was the home of ancient civilisations and the meeting point of great cultures: Buddhist, Greek, Muslim, and Hindu. Consequently, Pakistan has a rich heritage of architecture, folklore, art, and music. Its people share the common traits of hospitality, warmth, and Village in Sindh province. Life in the villages of Pakistan has changed friendliness, and a strong sense of dignity. little over the centuries. Born in the ferment of change that accompanied the collapse of colonialism, Pakistan is still a society in transition. Busy street scene in Karachi, the largest city in Pakistan. Older forms of economic, social, and political organisation are under challenge, while new ones have yet to evolve.