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2017 MarsdenLR 2989

HIGH COURT MALAYA KUALA LUMPUR
PRABAGARAN SRIVIJAYAN & ANOR – Appellant
Versus
MINISTER OF FOREIGN AFFAIRS & ANOR AND ANOTHER CASE – Respondent


Petitioner Advocates:N Surendran,Latheefa Koya,Raul Lee Baskaran ,Respondent Advocate: Umar Saifuddin Jaafar,Awang Armadajaya Awang Mahmud,Norinna Bahadun,Muhammad Azmi Mashud

Table of Content
1. the applicants seek judicial review and mandamus concerning their rights. (Para 1 , 2)
2. outline of applicants' journey and basis for their claims. (Para 3 , 4)
3. applicants are on death row due to drug trafficking convictions. (Para 5 , 6)
4. the case discusses foreign policy and legal obligations concerning trials abroad. (Para 7 , 24)
5. arguments regarding constitutional rights to a fair trial. (Para 8 , 9)
6. discussion on the non-justiciability of foreign policy issues. (Para 28 , 29)

[1] The applicants in this application ("Prabagaran") and the applicants in the application for judicial review No WA-25-24-02-2017 ("Datchinamurthy"), collectively known as "the applicants" seek leave to apply for:

i) An order of mandamus directing the respondents to institute proceeding against the Republic of Singapore in the International court of Justice (ICJ) in the case of the 1st applicant, a Malaysian convicted in Singapore who is facing the death penalty, for appropriate reliefs including but not limited to annulling or otherwise depriving of full force or effect the conviction and/or sentence of the applicants, pursuant to art 35, art 36, and art 41 of the Statute of th

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