Our People

M. Kula Segaran
B.A (Hons)
Barrister, Lincoln's Inn, London
ipoh2010@yahoo.com

Selvam Nadarajah
LLB. (Hons), CLP

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EC’s electoral boundary redrawing not subject to legal challenge, says Court of Appeal

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PUTRAJAYA: The Court of Appeal said courts cannot interfere in the duties and functions of the Election Commission (EC) in redrawing electoral boundaries. Justice Kamardin Hashim said the election commissioners and their subordinate officers were entrusted under the Federal Constitution to complete the delineation exercise within a two year period. Kamardin said the action of two appellants to challenge the delineation process was, therefore, premature as the EC only made suggestions to parliament. “In our view, the appellants brought their fight to the wrong ring,” he said in the judgment which dismissed the appeal of Ipoh Barat MP M Kulasegaran and Ipoh Timor MP Thomas Su Keong Siong. It will now be interesting to see the outcome of a similar challenge mounted by the Selangor government against the EC when hearing of that case resumes on Oct 13. On Aug 14, the three-man bench, which had been chaired by Mohd Zawawi Hashim, delivered an oral ruling that the court was n...
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Set up a special task force to investigate the injuries sustained to Baskar while he was in police custody

Early this morning one Baskar Rao a 47-year-old security guard went to the Jelapang police station to lodge a police report. The report was as regards a break in into the place he was the security guard. Unfortunately, the police apparently refused to accept his report. Thus, with an ensuing tussle, he was handcuffed. But in the process, somehow due to the police, Baskar apparently decided to commit suicide and he lighted fire when he had some “substance” all over his body which caught fire. In the process, he was severely burnt all this took place about 1-2am this morning in the Jelapang police compound. And now has been admitted to the General Hospital Raja Permaisuri Bainun in Ipoh. As the incident happened while he was with handcuff he is considered to be in “police custody”. His family member one R.Adhi Lakshmi a/p P.Rajagopal, 54, has lodged a police report and the case is been investigated by Insp Firdaus. The police Department owes an explanation as to what ac...
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Member of Parliament challenges the constitutionality of Section 9(1) of the Peaceful Assembly Act 2012

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On 14.10.2016, Thomas Su the MP for Ipoh Timur was charged under Section 9(1) and punishable under Section 9(5) of Peaceful Assembly Act 2012. Thomas Su was charged for the same offence in 2013 and subsequently the prosecution withdraw the charge. Now, since the Government has a lot of free time and a lot of resources to dispense with, they decided to charge Thomas Su for the same offence again. After perusing the charge, the Peaceful Assembly Act 2012 and our Federal Constitution we are of the opinion that particularly Section 9(1) and Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional. Thus, we have filed an application pursuant to Section 30 of the Courts of Judicature Act 1964 to refer the constitutionality of this section to the High Court and subsequently to the Federal Court pursuant to Section 84 Courts of Judicature Act 1964. There are two conflicting decisions in the Court of Appeal, wherein in one case it was held that the particular section...
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