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COURT OF APPEAL PUTRAJAYA
SAIFUL BAHARI YUNUS – Appellant
Versus
DATO JAMIL RAKON & ORS – Respondent
| Table of Content |
|---|
| 1. appeal against judicial review dismissal. (Para 1 , 2) |
| 2. arguments regarding procedural impropriety. (Para 10 , 11 , 12) |
| 3. legal analysis of judicial review standards. (Para 13 , 14 , 15) |
| 4. conclusion and decision on the appeal. (Para 35 , 36) |
Introduction
[1] This is an appeal against the High Court's dismissal of judicial review brought by the Appellant on his dismissal from the Royal Malaysian Police Force ("PDRM").
[2] On 7 March 2023, we unanimously dismissed the appeal with no order as to costs.
Background
[3] The Appellant joined the PDRM (Personnel No G/17111) in 2006 and held the last rank of Assistant Superintendent of Police.
[4] On 28 January 2017, the Appellant was detained under s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("DD(SPM)A"). He thereafter on 28 March 2017 received a detention order for detention of 2 years at the Simpang Renggam Moral Rehabilitation Centre in Johore issued pursuant to the DD(SPM)A commencing from 28 March 2017 ("Detention Order").
[5] The Inspector General of Police then on 25 April 2017 in the exercise of disciplinary powers delegated by the Police Force Commission via Instrument of
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