Mohd Ghazali Yusoff FCJ:

[1] This is an application for leave to appeal from the decision of the Court of Appeal under s 96(a) of the Courts of Judicature Act 1964 ("CJA"). It came up before us on 22 May 2009. We had in a unanimous decision dismissed it with costs.

[2] The applicants are Malaysian citizens and are registered voters in various constituencies. They are all detainees under the Internal Security Act 1960 ("ISA") at Pusat Tahanan Kamunting, Perak ("the said detention centre").

[3] The respondent is the Election Commission, constituted in accordance with art 114 of the Federal Constitution and pursuant to art 113 of the Federal Constitution is charged with the responsibility of conducting elections to the House of Representatives and the Legislative Assemblies of the States and prepare and revise electoral rolls for such elections.

[4] Learned counsel for the applicants intimated that there are six proposed questions of law which require a determination by this Court and that these questions, if answered, will finally determine the matter and reverse the decision of the Court of Appeal; the questions formulated were as follows:

(a) Whether under Part VIII (in particular art 119) of the Federal Constitution and reg 5 of the Elections (Registration of Electors) Regulations 2002, detainees who have not been convicted and are held under preventive detention laws such as the Internal Security Act 1960 but are not otherwise disqualified to vote (hereinafter referred to as "the detainees"), entitled to exercise their constitutional right to vote while in detention.

(b) Whether under Part VIII (in particular arts 113, 114 and 115) of the Federal Constitution read with the Election Act 1958 (in particular ss 5, 15 and 16) and Elections (Registration of Electors) Regulations 2002 (in particular reg 5), the Election Commission is under a duty, obligation or responsibility to enact the necessary and appropriate rules, regulations and procedures for registration to facilitate and allow for the exercise of the detainees' constitutional right to vote while in detention.

(c) Whether under Part VIII (in particular arts 113, 114 and 115) of the Federal Constitution read with the Election Act 1958 (in particular ss 5, 15 and 16) and Elections (Registration of Electors) Regulations 2002 (in particular reg 5), the Election Commission is under a duty, obligation or responsibility to include those who are detained under preventive detention laws such as the Internal Security Act 1960 (eg, the detainees), as persons who are not residents in the constituency in which they are detained (ie, Kamunting, Taiping), as a category of persons who may be registered as "absent voters" pursuant to reg 2 of the Elections (Registration of Electors) Regulations 2002 to facilitate and allow for the exercise of the detainees' constitutional right to vote while in detention.

(d) Whether the detainees may be designated as "postal voters" by the Election Commission under reg 3(1)(f), Elections (Postal Voting) Regulations 2003 read with reg 3(2) and Form 1 in the Schedule (with the accompanying Certificate).

(e) Whether the failure, neglect or refusal of the Election Commission to enact the necessary and appropriate rules, regulations or procedures for registration to facilitate and allow for the exercise of the detainees' constitutional right to vote while in detention amounted to a breach of its said duty, obligation or responsibility.

(f) Whether the absence of the necessary and appropriate rules, regulations or procedures for registration to facilitate and allow for the exercise of the detainees' constitutional right to vote while in detention amounted to a breach of the detainees' constitutional rights under arts 8 and/or 10(1)(a) and/or 119 of the Federal Constitution.

[5] Learned counsel for the applicants argued that pure questions of law as to the scope and nature of the respondent's duty and obligations vis-à-vis persons held in preventive detention aro