1. ) SHASHI KUMAR A/L SHANMUGAM 2. ) NG KIM HO 3. ) BOBBY ANAK WILLIAM 4. ) CHAN TUCK LOONG 5. ) SRI RAMESH A/L V.KANNAN v 1. ) KETUA POLIS NEGARA, MALAYSIA 2. ) Peguam Negara Malaysia

w-01im-562-10-2023 Court of Appeal (Mahkamah Rayuan) 9 July 2025 • W-01(IM)-562-10/2023 • 13 min read

5 cases cited (1 SG, 4 foreign)

Catchwords

Judicial review - leave application - O 53 r 3 (2) of the Rules of Court 2012 - Article 145(3) of the Federal Constitution - service of statement and affidavit in support to AGC - s 376 of the Criminal Procedure Code - control and direction of criminal prosecutions and proceedings - appropriate, rare and exceptional cases - exercise of discretion of AG - amenable to judicial review - two-step threshold - presumption of legality – presence during ex parte hearing for leave - assist the court - not as a party - O 53 r 3(3) of the Rules of Court 2012 - role of AG at leave stage - compelling and prima facie proof - malice - mala fide - attempt to obstruct a transparent investigation - communication blatantly ignored - IGP was not decision maker – whether wrong party named - O 53 r 2(4) of the Rules of Court 2012

Practice Areas

Judicial review

Judges (3)

Hashim bin Hamzah Coram Utama Wan Ahmad Farid bin Wan Salleh Delivered Wong Kian Kheong Delivered

Counsel (5)

Gunaseelan & Associates Firm Imtiyaz Wizni Aufa Othman Counsel Respondent Kumaradevan Counsel Appellant Nur Idayu Amir Counsel Respondent T. Gunaseelan Counsel Appellant

Parties (7)

KETUA POLIS NEGARA, MALAYSIA Respondent PEGUAM NEGARA MALAYSIA Respondent Bobby Anak William Appellant Chan Tuck Loong Appellant Ng Kim Ho Appellant Shashi Kumar a/l Shanmugam Appellant Sri Ramesh a/l V.kannan Appellant

Case Significance

1. ) SHASHI KUMAR A/L SHANMUGAM 2. ) NG KIM HO 3. ) BOBBY ANAK WILLIAM 4. ) C... is a Court of Appeal (Mahkamah Rayuan) decision dated July 9, 2025 (citation: w-01im-562-10-2023). <p>Five NGO presidents sought judicial review of the Attorney General's decision not to prosecute Ustaz Mohd Syakir for alleged criminal offences, naming the Inspector General of Police and the AG as respondents. The Court of Appeal dismissed the appeal, holding that the appellants failed to cross the two-step threshold for judicial review of prosecutorial discretion, as there was no compelling prima facie evidence of mala fide on the part of the AG, and the IGP was wrongly named as he was not t The panel comprised Hashim bin Hamzah, Utama Wan Ahmad Farid bin Wan Salleh and Wong Kian Kheong, with Utama Wan Ahmad Farid bin Wan Salleh delivering the judgment. Counsel appearing: Imtiyaz Wizni Aufa Othman (counsel for respondent), Kumaradevan (counsel for appellant), Nur Idayu Amir (counsel for respondent), T. Gunaseelan (counsel for appellant).

Summary

Five NGO presidents sought judicial review of the Attorney General's decision not to prosecute Ustaz Mohd Syakir for alleged criminal offences, naming the Inspector General of Police and the AG as respondents. The Court of Appeal dismissed the appeal, holding that the appellants failed to cross the two-step threshold for judicial review of prosecutorial discretion, as there was no compelling prima facie evidence of mala fide on the part of the AG, and the IGP was wrongly named as he was not the decision maker.

What was the outcome of 1. ) SHASHI KUMAR A/L SHANMUGAM 2. ) NG KIM HO 3. ) BOBBY ANAK WILLIAM 4. ) C...?

<p>Five NGO presidents sought judicial review of the Attorney General's decision not to prosecute Ustaz Mohd Syakir for alleged criminal offences, nam...

Statutes Cited

Communications and Multimedia Act 1998

s 233

Criminal Procedure Code (Cap 593)

s 376

Federal Constitution

Penal Code (Cap 574)

s 505(c)

Rules of Court 2012

Cases Cited (5)

SLR (1)

[2008] 2 SLR 239

MY (4)

[1995] 1 MLJ 281 [1995] 2 MLJ 442 [2019] 1 MLJ 307 [2021] 6 CLJ 199