The Court emphasized the necessity of proper intitulement and compliance with legal jurisdiction when filing applications in court.

[1] The appellant filed a miscellaneous criminal application vide a Notice of Motion ("the application") in the High Court at Kuala Lumpur, seeking for several reliefs against the Prime Minister, the Minister of Home Affairs, the Director General of the Prisons Department Malaysia, the Director of the Kajang Prison, the Attorney General and the Government of Malaysia. They were cited as the first respondent to the sixth respondent, respectively.

[2] The application, as can be seen at p 41-48 of the Appeal Record, was very lengthy. For brevity, we will adopt with modifications the application as summarised by learned DPP in his written submission as follows:

(i) That the first respondent on the advice of the fifth respondent to propose to the Yang Di-Pertuan Agong for the setting up of a Royal Commission of Inquiry to be led by the appellant or a human rights lawyer to investigate into the appellant's complaints as written in his book entitled "Torture in Malaysia Prisons";

(ii) That all prisoners in the prisons in Malaysia be given equal health care and treatment by specialist just like any other citizen;

(iii) A declaration that the appellant is a political prisoner and the imprisonment of the appellant with other ordinary prisoners without being separated like the Malay and Chinese political prisoners and the instruction that the appellant remove his slippers and sit on the floor while talking to the Prison Officers who sit on chairs with tables is racist and contrary to art 8 of the Federal Constitution ;

(iv) Various declarations that some of the prison conditions are in breach of the Prison Act 1995, the Prison Regulations 2000 and the Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress held at Geneva in 1955;

(v) Various declarations that some general practices in the prison are in breach of art 5(3) of the Federal Constitution , the Evidence Act 1950, the Legal Profession Act 1976, the Penal Code, the Prison Act 1995, the Prison Regulations 2000 and the Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress held at Geneva in 1955;

(vi) That the first and/or the second respondents appoint the appellant or any human rights lawyer as the "Ketua Pengarah Hak Asasi Minima Banduan (U.N.) Malaysia" having the same status, salary and power as the "Ketua Pengarah Jabatan Penjara Malaysia" having office at Ibu Pejabat Jabatan Penjara Malaysia and having the power to receive, investigate and propose appropriate actions to the first and second respondents and/or to lodge police reports as an independent check and balance;

(vii) That two human rights lawyers be appointed as the "Pengarah Hak Asasi Minima Banduan (U.N.) Malaysia" and the "Timbalan Pengarah Hak Asasi Minima Banduan (U.N.) Malaysia" by the first and/or the second respondents having the same status, salary and powers of the "Pengarah" and "Timbalan Pengarah Penjara" and it is compulsory for them to visit and receive complaint in at least one prison block every day and having office at the prisoners waiting area to also be able to receive complaint from family members of the prisoners, lawyers and public especially on weekends and public holidays;

(viii) That "transvestite" prisoner is put in a separate cell to avoid being abused;

(ix) That Muslim prisoners are allowed to perform Friday prayers and to perform prayers facing the "kiblat";

(x) That the fifth respondent prosecutes all individuals that committed criminal act towards the appellant and other prisoners;

(xi) That the respondents abolish the death penalty, life imprisonment, whipping and imprisonment more than 20 years; and

(xii) That the Parole Program be led