Chapter 1 – Report of the Policy, Law and Complaints Group
Commission’s effectiveness, clarifying ambiguous provisions, and bringing the Act fully in
line with the Paris Principles and Belgrade Principles.
6.
THE COMMISSION’S ROLE IN COURT
(a)
Civil Court
Since 2010, the Commission has held watching briefs in 17 cases. For 2015, the Commission
held watching briefs in the Sessions Court, High Court, Court of Appeal and Federal Court
in the following cases:
(i)
Navin A/L Moorty v Director General of National Registration Department, Ministry of
Home Affairs and Government of Malaysia; the case concerned the nationality of a child;
(ii)
Deputy Public Prosecutor v Azmi Sharom; the case concerned the Sedition Act 1948;
(iii) Deputy Public Prosecutor v Abdullah Zaik; the case concerned the Sedition Act 1948;
(iv) Viran A/L Nagapan v Deepa A/P Subramanian; the case concerned the custody of a
child after the unilateral conversion of one parent to Islam;
(v)
The State of Negeri Sembilan & 4 Others v Mohammed Juzaili bin Mohd. Khamis & 2 Others;
the case concerned freedom of expression;
(vi) Dharshini A/P Ganeson v Doraisingam A/L Thambirajah; the case concerned custody of
a child with learning disabilities;
(vii) Lena Rasathi A. Hendry v PP; the case concerned freedom of expression;
(viii) Director of Forest Sarawak & Anor v TR Sandah A/K Tabau & Others; the case concerned
Native Customary Rights; and
(ix) Michael Jayakumar Devaraj v Minister of Health Malaysia & 2 others; the case concerned
an application for a judicial review of the medical fee order (for foreigners).
The Commission was represented by several legal counsels from the Malaysian Bar
Council, namely Mr Andrew Khoo, Mr Roger Chan Weng Keng, Ms Siti Zabedah Kasim,
and Ms Sharifah Norafisah Syaid Abas Al-Juffrie, whose pro bono services the Commission
gratefully acknowledges.
(b)
Syariah Court
In January, the Commission initiated a meeting with Jabatan Kehakiman Syariah Selangor
(JAKESS) to suggest the possibility of holding watching briefs in the Syariah Courts on matters
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