1. ) Kerajaan Malaysia 2. ) KEMENTERIAN KESIHATAN MALAYSIA v 1. ) Dr Vijaendreh A/P Subramaniam 2. ) Dr Che Amir Farid Bin Che Isahak

01f-16-04-2024w Federal Court (Mahkamah Persekutuan) 2 March 2025 • 01(f)-16-04/2024(W) • 63 min read

11 cases cited (0 SG, 11 foreign)

Catchwords

CIVIL PROCEDURE: Originating summons - Interpretation and determination - Vested rights of registered and professionally trained medical practitioners to dispense medicine under Poisons Act 1952 read together with Poison Regulations 1952 - the legal tenability of the nature of the declarations sought in this case and whether they can therefore be granted in light of the doctrine of separation of powers - whether the declarations, if granted, would tantamount to judicial interference with the executive and legislative policy by effectively accepting Ivermectin as a suitable treatment option or preventive measure for Covid-19 STATUTORY INTERPRETATION: Legislation - Acts of Parliament - Sections 18 , 19 and 21 of Poisons Act 1952 – Sale of Drugs Act 1952 - Poisons Regulations 1952 – Control of Drugs and Comestics Regulation 1984 - Whether specifically enacted to vest autonomous right to medical practitioners to dispense and administer drug based on their professional judgment - Whether permissible to construe subsidiary legislation under Sale of Drugs Act 1952 in manner that takes away right vested under Poisons Act 1952

Practice Areas

CIVIL PROCEDURE: Originating summons STATUTORY INTERPRETATION: Legislation

Judges (3)

Nallini Pathmanathan Coram Nordin bin Hassan Coram Tengku Maimun binti Tuan Mat Delivered

Counsel (8)

Attorney General's Chambers Firm Yeoh Mazlina & Partners Firm Abraham Au Tian Hui Counsel Respondent Dato' Dr Gurdial Singh Nijar Counsel Respondent Liew Horng Bin Counsel Appellant Lim Sze Han Counsel Respondent Rahazlan Affandi bin Abdul Rahim Counsel Appellant Saravanan A/L Kuppusamy Counsel Appellant

Parties (4)

KEMENTERIAN KESIHATAN MALAYSIA Appellant Kerajaan Malaysia Appellant Dr Che Amir Farid bin Che Isahak Respondent Dr Vijaendreh a/p Subramaniam Respondent

Case Significance

1. ) Kerajaan Malaysia 2. ) KEMENTERIAN KESIHATAN MALAYSIA v 1. ) Dr Vijaendr... is a Federal Court (Mahkamah Persekutuan) decision dated March 2, 2025 (citation: 01f-16-04-2024w). <p>The Federal Court considered whether registered medical practitioners have a vested right under the Poisons Act 1952 to dispense Ivermectin, and whether the declarations sought would amount to judicial interference with executive and legislative policy. The Court answered Leave Question 1 in the affirmative but declined to answer the remaining questions as they bore no nexus to the facts. The appeal by the Government was dismissed and the Court of Appeal's judgment was upheld.</p> The panel comprised Nallini Pathmanathan, Nordin bin Hassan and Tengku Maimun binti Tuan Mat, with Tengku Maimun binti Tuan Mat delivering the judgment. Counsel appearing: Abraham Au Tian Hui (counsel for respondent), Dato' Dr Gurdial Singh Nijar (counsel for respondent), Liew Horng Bin (counsel for appellant), Lim Sze Han (counsel for respondent), Rahazlan Affandi bin Abdul Rahim (counsel for appellant), Saravanan A/L Kuppusamy (counsel for appellant).

Summary

The Federal Court considered whether registered medical practitioners have a vested right under the Poisons Act 1952 to dispense Ivermectin, and whether the declarations sought would amount to judicial interference with executive and legislative policy. The Court answered Leave Question 1 in the affirmative but declined to answer the remaining questions as they bore no nexus to the facts. The appeal by the Government was dismissed and the Court of Appeal's judgment was upheld.

What was the outcome of 1. ) Kerajaan Malaysia 2. ) KEMENTERIAN KESIHATAN MALAYSIA v 1. ) Dr Vijaendr...?

<p>The Federal Court considered whether registered medical practitioners have a vested right under the Poisons Act 1952 to dispense Ivermectin, and wh...

Statutes Cited

Federal Constitution

Art 145(1)

Poisons Act 1952

s 19

Cases Cited (11)

AU (1)

[2021] FCA 1075

MY (10)

[1979] 2 MLJ 101 [1982] 2 MLJ 177 [1988] 2 MLJ 12 [1993] 3 MLJ 156 [2009] 4 MLJ 24 [2019] 2 MLJ 96 [2020] 1 MLJ 141 [2020] 1 MLJ 281 [2021] 1 MLJ 76 [2022] 1 CLJ 247