PPS issue: Penang govt files for judicial review to strike out ministry's order

The application was filed by state Welfare, Caring Society and Environment Committee chairman, Phee Boon Poh who is also the PPS chairman, at the Civil High Court registrar's office, here, through Messrs. Sreenevasan.

In its application, the Penang government named the Home Minister, the Inspector-General of Police and the Malaysian government as respondents.

Among others, the plaintiff is seeking a certiorari order to strike out the order made by the Home Minister on Nov 3, 2014 which declared the PPS as an illegal organisation under Section 5 (1) of the Societies Act 1966.

The state government is also seeking a mandamus order to instruct the respondents to return all jackets, equipment, symbols, weapons and documents belonging to PPS.

In its application, the plaintiff is also asking for a declaration that the PPS was properly and legally established by the state government, in accordance with Section 101(v) of the Local Government Act 1976.

The state government which is making the application on behalf of PPS, claimed that the order made by the Home Ministry was unconstitutional as it contravened Articles 4, 5 (1), 8, 10(1) or 13 (1) of the Federal Constitution.

The plaintiff claimed that over the past three years, the Royal Malaysian Police (PDRM) and other government agencies had used the services of PPS at various meetings and activities in their efforts to fight crime and handle emergency situations.

It stated that PPS was allowed to participate in the 2012 and 2013 Merdeka Day celebrations without any undesirable incident until 2014.

It claimed that the first respondent (Home Minister) had taken irrelevant considerations when making the order by stating that the PPS was being used for purposes that jeopardised public order.

The plaintiff claimed that the PPS was a state government mechanism to complement PDRM and other law enforcement and government agencies in ensuring public order and security.

Meanwhile, lawyer Ram Karpal Singh when met by reporters said the state government was being represented by a line-up of lawyers led by Datuk S.Ambiga.