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COURT OF APPEAL PUTRAJAYA
GOVERNMENT OF THE STATE OF PENANG – Appellant
Versus
MINISTER OF HOME AFFAIRS & ORS – Respondent
| Table of Content |
|---|
| 1. judicial review of administrative actions. (Para 1) |
| 2. formation of voluntary community organizations is lawful under state powers. (Para 3 , 4 , 12) |
| 3. allegations of misconduct can trigger government inquiries into community initiatives. (Para 14 , 17) |
[1] This was an appeal by the State Government of Penang (the State Government) against the decision of the High Court in dismissing its application for judicial review.
[2] We heard the appeal and had unanimously allowed it. We now give our reasons.
Background Facts
[3] The State Government, at its Executive Council Meeting ("Majlis Mesyuarat Kerajaan") on 27 April 2011 proposed the establishment of Pasukan Peronda Sukarela Pulau Pinang ("PPS"). PPS was to contribute to the safe, secure and conducive environment for Penang residents in their respective neighbourhoods. Members of PPS are volunteers and their role was not to carry out enforcement activities but to complement the police. The proposal was approved by the Majlis Mesyuarat Kerajaan ("MMK") on 4 May 2011.
[4] On 14 September 2011, the Polis Diraja Malaysia ("PDRM") was informed of the State Government's decision to establish PPS. On 17 September 2011, PPS was
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