Abhilaash Subramaniam
About Abhilaash Subramaniam
Abhilaash Subramaniam appears as counsel of record in 4 reported Malaysia judgments (2024–2026). These were heard before MYFC (2), MYCOA (1) and MYHC (1).
On the court record
Abhilaash Subramaniam's reported practice is in constitutional and administrative-law litigation, much of it public-interest work, appearing in the Federal Court, the Court of Appeal and the High Court and acting as appellant's counsel, intervener and defendant's counsel.
A notable matter is a Court of Appeal judicial review in which he acted for the appellant, Bar Malaysia, challenging the exercise of prosecutorial discretion. The case engaged the leave threshold for judicial review, the Attorney General's discretion under Article 145(3) of the Federal Constitution, a discharge not amounting to an acquittal under section 254 of the Criminal Procedure Code, and the principle that the courts intervene in prosecutorial decisions only in appropriate, rare and exceptional cases.
He also appears in constitutional litigation on fundamental liberties. He was an intervener in a Federal Court matter concerning the right to peaceful assembly under Article 10(1)(b) of the Federal Constitution and the requirement to give the police ten days' notice of an assembly, on whether that requirement and the consequences of non-compliance were reasonable and proportionate.
His administrative-law work includes a Federal Court tax matter concerning Kind Action (M) Sdn Bhd, in which he appeared as an intervener on whether the availability of a domestic remedy under the Income Tax Act 1967 precluded a taxpayer from seeking judicial review of the Director General of Inland Revenue's decision, and whether that decision was tainted by illegality. He has further acted for a defendant in a contempt matter brought by the Securities Commission, on whether a prima facie case of contempt was established and whether a penal notice was a mandatory prerequisite. The practice is constitutional and administrative litigation, frequently on questions of institutional power and public interest. Much of the work asks where the boundary lies between a decision the courts will review and one the Constitution commits to another branch of government.
How many cases has Abhilaash Subramaniam appeared in?
Abhilaash Subramaniam appears as counsel of record in 4 reported Malaysia judgments (2024–2026).
Which courts does Abhilaash Subramaniam appear in?
Abhilaash Subramaniam appears before MYFC (2), MYCOA (1) and MYHC (1).
What does Abhilaash Subramaniam focus on in these decisions?
Constitutional and administrative-law litigation, much of it public-interest work. His matters include a Court of Appeal judicial review for Bar Malaysia challenging the exercise of prosecutorial discretion, a Federal Court peaceful-assembly matter, and a Federal Court tax judicial review concerning Kind Action (M) Sdn Bhd.
What was the judicial review of prosecutorial discretion about?
Acting for the appellant, Bar Malaysia, the case challenged the exercise of prosecutorial discretion and engaged the leave threshold for judicial review, the Attorney General's discretion under Article 145(3) of the Federal Constitution, a discharge not amounting to an acquittal under section 254 of the Criminal Procedure Code, and the principle that the courts intervene in such decisions only in appropriate, rare and exceptional cases.
What was the tax judicial review about?
A Federal Court matter concerning Kind Action (M) Sdn Bhd, in which he appeared as an intervener, on whether the availability of a domestic remedy under the Income Tax Act 1967 precluded a taxpayer from seeking judicial review of the Director General of Inland Revenue's decision, and whether that decision was tainted by illegality.