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2024 MarsdenLR 1463

HIGH COURT MALAYA KUALA LUMPUR
AMARJEET SINGH SERJIT SINGH J
BAR MALAYSIA – Appellant
Versus
PEGUAM NEGARA MALAYSIA & ANOR – Respondent


Petitioner Advocates:Ambiga Sreenevasan,Steven Thiruneeiakandan,Sivaneindiren Selvanandam,Gregory Das,Abhilaash Subramaniam,Shasha Ravindran ,Respondent Advocate: Shamsul Bolhassan,Ahmad Hanir Hambaly @ Arwi,Imtiyaz Wizni Aufa Othman

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] There were two applications before me. Both are filed by the applicant, the Malaysian Bar.

First Application: Enclosure 1

[2] Enclosure 1, in the main, sought leave to commence judicial review proceedings for the following orders:

(a) an order of certiorari to quash the decision of the Attorney General (1st respondent) on 4 September 2023 to apply for a discharge not amounting to an acquittal ("DNAA") in Criminal Case No: WA-45-7-02/2019 and Criminal Case No: WA-45-8-02/2019 ("the said criminal cases") against Ahmad Zahid Bin Hamidi (2nd respondent and hereinafter referred to as "the accused");

(b) a declaration that the decision to apply for DNAA is null and void and/or made in excess of the jurisdiction and/or powers granted to the Attorney General under art 145(3) of the Federal Constitution ("Article 145(3)") and s 254(1) of the Criminal Procedure Code (" CPC ");

(c) in the event the above orders are granted, an order of mandamus directing the Attorney General to recharge the accused for the same 47 offences and to reinstate the trial under s 254A of the CPC ;

(d) an order of mandamus directing the Attorney General to furnish

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