PENGHAKIMAN

After submissions by learned counsel for the applicant and the learned Senior Federal Counsel for the respondents,I have adjourned this matter in order to prepare my reserved judgment. In the course of perusing all the affidavits and exhibits in support of and in opposition to this application, I noticed that the affidavit of the deponent was affirmed in BahasaMalaysia and the deponent signed in Tamil. There was no indication whatsover in the deponent’s affidavit that the deponent is literate in Bahasa Malaysia. There was no evidence in this affidavit.

O.41, r.3 of the Rules of the High Court 1980 provides as follows:

“Where it appears to the person administering the oath that the deponent is illiterate ...., he must certify that -

(a) the affidavitwas read in his presence to the deponent;

(b) the deponent seemed perfectly to understand it; and

(c) the deponent made his signature or mark in his presence;

and the affidavit shall not be used in evidence without such a certificate unless the court is satisfied that it was read to and appeared to be perfectly understoodby the deponent.“ (underlining provided).

The deponent’s affidavit has not complied with the strict mandatory re