Gopal Sri Ram JCA (delivering judgment of the court):

[1]On 15 February 1998, the appellant and twelve others met to form the Parti Sosialis Malaysia ('PSM'). They formed a committee of seven. An application was then made to the Registrar of Societies ('ROS') to register themselves as a political society. The ROS declined to grant registration at national level. But he was prepared to grant registration in the State of Selangor. Dissatisfied with the result the appellant appealed to the respondent, the Minister for Home Affairs. The appeal was dismissed. I will deal with the ROS' reasons and those of the Minister in a moment. Judicial review was sought and refused. The appellant now appeals to us.

[2]When the appeal came on for hearing, we called on learned senior federal counsel to argue why the appeal should not be allowed and the appropriate relief be granted. This is in accordance with the usual practice in judicial review cases whenever the cause papers reveal a prima facie infringement of a right, in particular, a constitutionally guaranteed right: in this case the freedom of association. It is then for the State (in this case the Minister) to justify what was done or omitted