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EC’s electoral boundary redrawing not subject to legal challenge, says Court of Appeal

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PUTRAJAYA: The Court of Appeal said courts cannot interfere in the duties and functions of the Election Commission (EC) in redrawing electoral boundaries. Justice Kamardin Hashim said the election commissioners and their subordinate officers were entrusted under the Federal Constitution to complete the delineation exercise within a two year period. Kamardin said the action of two appellants to challenge the delineation process was, therefore, premature as the EC only made suggestions to parliament. “In our view, the appellants brought their fight to the wrong ring,” he said in the judgment which dismissed the appeal of Ipoh Barat MP M Kulasegaran and Ipoh Timor MP Thomas Su Keong Siong. It will now be interesting to see the outcome of a similar challenge mounted by the Selangor government against the EC when hearing of that case resumes on Oct 13. On Aug 14, the three-man bench, which had been chaired by Mohd Zawawi Hashim, delivered an oral ruling that the court was n...
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Set up a special task force to investigate the injuries sustained to Baskar while he was in police custody

Early this morning one Baskar Rao a 47-year-old security guard went to the Jelapang police station to lodge a police report. The report was as regards a break in into the place he was the security guard. Unfortunately, the police apparently refused to accept his report. Thus, with an ensuing tussle, he was handcuffed. But in the process, somehow due to the police, Baskar apparently decided to commit suicide and he lighted fire when he had some “substance” all over his body which caught fire. In the process, he was severely burnt all this took place about 1-2am this morning in the Jelapang police compound. And now has been admitted to the General Hospital Raja Permaisuri Bainun in Ipoh. As the incident happened while he was with handcuff he is considered to be in “police custody”. His family member one R.Adhi Lakshmi a/p P.Rajagopal, 54, has lodged a police report and the case is been investigated by Insp Firdaus. The police Department owes an explanation as to what ac...
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Constitutional Law

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Mdm Vigneswary Murugaiah, a well-known Tamil writer, who frequently writes about the plight of poor Tamilians all around the world, was arrested on the 16 th   of December 2015 for allegedly smuggling a migrant under Section 26A of the Anti-Trafficking In Persons & Smuggling Of Migrants Act 2007.             However, about 1 year after she was charged, the Prosecution suddenly brought in 2 depositions as evidence pursuant to Section 61A of the Act. This allows deposition to be taken with or without the presence of the accused and it is prima facie evidence.             This is totally unfair and unconstitutional as it deprives Vigneswary of her right to a fair trial as she will not be accorded to opportunity to cross-examine the person who allegedly did the ‘deposition’. To make things worse, we were already lawyers on record but yet the prosecution did not ...
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