Judge Datuk Wan Ahmad Farid Wan Salleh (now Court of Appeal judge) made the order after allowing the application for judicial review by Beng Hock's parents against the Inspector-General of Police (IGP), the Director of the PDRM Criminal Investigation Department, the PDRM, and the Malaysian government as the first to fourth respondents.
In the application filed on Jan 4, 2022, Beng Hock's parents, Teoh Leong Hwee, 76, and Teng Shuw Hoi, 71, sought a declaration that the failure by the police and three others to complete the investigations into their son's death within a reasonable time violated Section 20 (3) of the Police Act 1967.
On June 16, 2022, the High Court granted the couple leave to initiate the judicial review proceedings after dismissing the Attorney-General Chamber's objection to the application.
The couple is also seeking a declaration that the police had committed negligence and attempted to deny the applicants' constitutional rights under Article 8 of the Federal Constitution, and are applying for a mandamus order for the first respondent (IGP) to complete the investigation into Beng Hock's death within a month from the verdict's delivery date.
In his decision, Justice Wan Ahmad Farid said the claims and reliefs sought by the applicants are within the domain of public law both in pith and substance.
"Judicial review is, therefore, a proper mode of commencement under the circumstances," he said.
He added that the omission of the first, second, and third respondents in their failure to complete the investigation "without unnecessary delay" is in breach of Section 120(1) of the Criminal Procedure Code and therefore amenable to judicial review.
"The court finds that the investigation is not conducted with all convenient speed.
"In the circumstances, I am making an order in the form of a mandamus to compel the first respondent to complete the investigation on the death of the deceased within six months from the date of the order to be made herein," he said.
