Recently, it was reported that a lawyer had filed an application seeking leave of the High Court to commence judicial review proceedings against the police and government for wrongfully arresting and remanding him in the course of investigations. Is a criminal investigative process amenable to judicial review? In the case of Suruhanjaya Pencegahan Rasuah Malaysia & Ors v Latheefa Beebi Koya & Anor (2017), the Federal Court was asked to decide on this question.
Federal Court Judge Abu Samah Nordin, who delivered the judgment, said: “The weight of authorities tends to support the view that the actions or decisions of a public authority in exercise of its legitimate powers at the investigative stage are not amenable to judicial review.”
Already a subscriber? Log in.
Save 30% and win Bosch appliances! More Info
Cancel anytime. No ads. Auto-renewal. Unlimited access to the web and app. Personalised features. Members rewards.
