High Court Strikes Out Na’imah’s Suit Over Police Probe

The Kuala Lumpur High Court on Tuesday (Nov 3) struck out a legal challenge by Toh Puan Na’imah Abdul Khalid, the widow of the late Tun Daim Zainuddin, and four others against a police probe into an alleged plot to topple the government, The Star reported.

Justice Indra Nehru Savandiah found there was no cogent evidence to prove any allegation of bad faith or mala fide in the ongoing police investigation against the five plaintiffs, according to the report.

High Court: What the plaintiffs sought

The originating summons was filed in March by Na’imah, her sons Muhammed Amir Zainuddin and Muhammed Amin Zainuddin, and lawyers Amir Zharif Abdullah and Muhammad Nizamuddin Abdul Hamid. Prime Minister Anwar was named as the first defendant and Inspector-General of Police Tan Sri Mohd Khalid Ismail as the second defendant.

The investigation stems from a police report dated Feb 26 under Section 124B of the Penal Code, which The Star described as prohibiting activity detrimental to parliamentary democracy.

The plaintiffs sought a declaration that the start of the investigation was unlawful and unconstitutional, or tainted with bad faith, carried out for ulterior purposes or an abuse of statutory power.

They also asked the court to declare Section 124B unconstitutional, null and void for being vague, overbroad or ambiguous and disproportionate in scope, arguing that it contravened Articles 5, 8 or 10 of the Federal Constitution.

A further declaration was sought that investigating the two lawyers in their capacity as advocates and solicitors violated client-solicitor privilege under the Evidence Act 1950, the Legal Profession Act 1976 or the Criminal Procedure Code.

No bad faith in police probe

The judge found that claims that the investigation had been influenced by the prime minister’s public comments were “merely assertions or assumptions unsupported by any facts”, The Star reported.

She also said there was no link between those public comments and what she described as an independent, ongoing investigation based on a police report that had been lodged.

No order as to costs

The court did not make any order as to costs, according to the report.

The Star’s report did not say whether the plaintiffs intend to appeal against the decision.

#latestmalaysia

New: Rafizi Summoned to Bukit Aman Over Corporate Mafia Remarks

High Court