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2016 MarsdenLR 418

COURT OF APPEAL PUTRAJAYA
UTHAYAKUMAR PONNUSAMY – Appellant
Versus
YAB DATO SRI NAJIB TUN RAZAK PERDANA MENTERI MALAYSIA & ORS – Respondent


Table of Content
1. background of the case and reliefs sought. (Para 1 , 2)
2. arguments concerning jurisdiction and procedure. (Para 3 , 4)
3. court's observations on jurisdictional issues. (Para 5 , 6)
4. rationale leading to the dismissal of the application. (Para 7)
Background

[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 a

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