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The Attorney General’s Chambers (AGC) has contested lawyer Rosli Dahlan’s plea for leave for judicial review against the Royal Malaysia Police (PDRM), the Malaysian Immigration Department (JIM), and the government over his alleged wrongful arrest and detention in October last year.
Senior Federal Counsel Rahazlan Affandi Abdul Rahim, representing the AGC, argued in the High Court that this case should proceed through a writ of summons rather than judicial review. He suggested that Rosli should file a civil suit to seek damages, emphasizing that the repeated claims of conspiracy, defamation, and abuse of power are more suitable for such proceedings.
Lawyer Harvinderjit Singh, presenting Rosli, countered that the issues raised are amenable to judicial review and remain live concerns rather than academic. He contended that the actions and decisions of the first to fifth respondents from PDRM, leading to Rosli’s wrongful arrest and remand, are subject to review, especially under the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act (AMLA).
“The actions or decision-making process are based on the exercise of power by PDRM and its officers under AMLA which are amenable to judicial review,” he stated.
Judge Datuk Ahmad Kamal Md Shahid scheduled April 3 to deliver his decision on whether the application should proceed as a judicial review or if Rosli should file a civil suit.
Rosli initiated the application on December 29, 2023, naming key figures from PDRM and the Malaysian Immigration Department as respondents. He seeks to challenge the alleged abuse of power in linking him to a police report by AirAsia against i-Serve Technology and Vacations Sdn Bhd, claiming it had no connection to him.
Among his demands are an order to quash the actions of the first to fifth respondents, a declaration that their actions leading to his arrest, detention, and account freezing were unlawful, and an order compelling authorities to revoke the travel ban imposed on him.
This case raises crucial questions about the appropriate legal avenue for addressing allegations of wrongful arrest and abuse of power. As the legal proceedings unfold, the court's decision on the nature of the case could significantly impact the trajectory of Rosli Dahlan's pursuit of justice and accountability.
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