Karthig Shan
Contact Information
About Karthig Shan
Karthig Shan appears in 4 reported Malaysia judgments (2024–2026). These were heard before MYHC (2) and MYCOA (2).
On the court record
The firm's record includes a constitutional challenge testing the disqualification provisions in Articles 48(1)(e) and 48(3) of the Federal Constitution and the boundary between such a challenge and the election-petition procedure under Article 118.
Karthig Shan appears in the corpus as counsel in public-law and civil-liberties litigation, together with banking work, argued in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan).
The firm's most prominent matter is a constitutional challenge to the eligibility of the Prime Minister. Acting for the plaintiff, the firm brought an originating summons seeking declarations that the election of the Prime Minister as a Member of Parliament and his subsequent appointment were unconstitutional, on the basis that a prior conviction and sentence of imprisonment exceeding one year gave rise to a disqualification under Articles 48(1)(e) and 48(3) of the Federal Constitution, and that a subsequent pardon did not remove it. The defendant applied to strike out the summons under Order 18 rule 19, contending that a challenge to an election result had to be pursued by an election petition under Article 118 of the Federal Constitution and the Election Offences Act.
The firm also acted in litigation over the state's treatment of individuals in custody. In one appeal it appeared where a claim in negligence arose from a death in custody by suicide, the court considering whether the risk was foreseeable and whether the prison authority was liable. In another, it acted for the respondent in a matter concerning the unlawful arrest and detention of a foreign national during a police raid, where the High Court had found that the person was not informed of the grounds of arrest and was unlawfully detained, awarding damages, a finding the Court of Appeal affirmed after treating the immigration justification as an afterthought.
In banking work the firm acted for the appellant in a summary-judgment appeal under Order 14 concerning a banking facility and guarantees, engaging a conditional settlement letter, a certificate of indebtedness with a conclusive-evidence clause, and the relationship between a lender and the Credit Guarantee Corporation. The firm's record is a public-law and commercial-litigation practice of some ambition.
How many cases has Karthig Shan been involved in?
Karthig Shan appears in 4 reported Malaysia judgments (2024–2026).
Which courts does Karthig Shan appear in?
Karthig Shan appears before MYHC (2) and MYCOA (2).
What is Karthig Shan's reported area of practice?
The firm appears in public-law and civil-liberties litigation, including a constitutional challenge to the eligibility of the Prime Minister and claims arising from arrest and detention, together with banking litigation over facilities and guarantees.
What did the constitutional challenge concern?
Acting for the plaintiff, the firm sought declarations that the Prime Minister's election and appointment were unconstitutional because a prior conviction disqualified him under Articles 48(1)(e) and 48(3) of the Federal Constitution, with the defendant contending that any such challenge had to proceed by election petition under Article 118.
What custody-related matters has the firm handled?
The firm appeared in a negligence claim over a death in custody by suicide, and in a matter concerning the unlawful arrest and detention of a foreign national during a police raid, where the courts found the detention unlawful and awarded damages.