Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & Another
Encyclopedia
Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & Another (2002) 4 CLJ 105
was a case
heard in the Federal Court
of Malaysia. Sugumar Balakrishnan sought the reinstatement of his entry permit to the state of Sabah
. The Federal Court ultimately ruled that the right to personal liberty guaranteed by Article 5 of the Constitution
cannot be construed in broad, generous terms, and as such denied Sugumar's application.
to quash the decision of the Sabah
state government which revoked his entry permit on grounds of morality. The High Court held that the ouster clause in section 59a of the Immigration Act 1959/63 meant the courts had no grounds for judicial review
of the Sabah government's decision.
Sugumar appealed to the Court of Appeal, which overruled the High Court and granted the writ he sought. The Court of Appeal held that ouster clauses are unconstitutional except in cases of national security (such as those involving the Internal Security Act) or overriding national interest. The preclusion of the right to judicial review was a violation of Article 5 of the Constitution, which was to be read in a broad manner, in line with Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & Another
. The Court of Appeal further ruled that Parliament had not intended to give the East Malaysian states of Sabah and Sarawak
untrammeled discretion to cancel entry permits. The Sabah authorities then appealed to the Federal Court.
The Federal Court also overruled the Court of Appeal ruling on the broad interpretation of Article 5 liberties in Tan Tek Seng:
In 2009, the Federal Court would go on to reverse itself in Lee Kwan Woh v. Public Prosecutor
, holding that constitutional liberties must be read generously and not literally.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
heard in the Federal Court
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
of Malaysia. Sugumar Balakrishnan sought the reinstatement of his entry permit to the state of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
. The Federal Court ultimately ruled that the right to personal liberty guaranteed by Article 5 of the Constitution
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
cannot be construed in broad, generous terms, and as such denied Sugumar's application.
Background
Sugumar had applied to the High Court for a writ of certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to quash the decision of the Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
state government which revoked his entry permit on grounds of morality. The High Court held that the ouster clause in section 59a of the Immigration Act 1959/63 meant the courts had no grounds for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of the Sabah government's decision.
Sugumar appealed to the Court of Appeal, which overruled the High Court and granted the writ he sought. The Court of Appeal held that ouster clauses are unconstitutional except in cases of national security (such as those involving the Internal Security Act) or overriding national interest. The preclusion of the right to judicial review was a violation of Article 5 of the Constitution, which was to be read in a broad manner, in line with Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & Another
Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & Another
Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan & Another [1996] 1 MLJ 261 was a case heard in the Court of Appeal of Malaysia. The case concerned the allegedly wrongful dismissal of Tan Tek Seng, a schoolteacher...
. The Court of Appeal further ruled that Parliament had not intended to give the East Malaysian states of Sabah and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
untrammeled discretion to cancel entry permits. The Sabah authorities then appealed to the Federal Court.
Judgment
The Federal Court quashed the Court of Appeal decision. With regard to the Immigration Act, Federal Justice Mohamed Dzaiddin held:The Federal Court also overruled the Court of Appeal ruling on the broad interpretation of Article 5 liberties in Tan Tek Seng:
In 2009, the Federal Court would go on to reverse itself in Lee Kwan Woh v. Public Prosecutor
Lee Kwan Woh v. Public Prosecutor
Lee Kwan Woh v. Public Prosecutor [2009] 5 CLJ 631 was a case heard in the Federal Court of Malaysia. The Federal Court unanimously allowed Lee's appeal against the death sentence because of irregularities in his original trial for drug trafficking in the High Court, and held that the trial judge's...
, holding that constitutional liberties must be read generously and not literally.
See also
- Loh Wai Kong v. Government of MalaysiaLoh Wai Kong v. Government of MalaysiaLoh Wai Kong v. Government of Malaysia 2 MLJ 33 was a case heard in the Federal Court of Malaysia. Loh Wai Kong sought a ruling from the courts that Malaysian citizens were entitled to travel overseas as a fundamental right under Article 5 of the Constitution. The Federal Court ruled that no such...