PUTRAJAYA, Mar 28 – The Court of Appeal today declared that the Volunteer Patrol Team (PPS) was lawfully established by the Penang state government. A panel of three judges led by Justice Datuk Tengku Maimun Tuan Mat, in allowing the state government’s appeal, set aside the Penang High Court’s decision which held that PPS was illegal.
As such, the panel granted a certiorari order to the state government to quash an order made by the Home Minister on Nov 3, 2014, in declaring PPS as an unlawful organisation. Justice Tengku Maimun, who presided with Justices Datuk Kamardin Hashim and Datuk Mary Lim Thiam Suan, in their unanimous decision also gave an order sought by the state government to declare that PPS is not a society under the Societies Act 1965.
She also gave a mandamus order compelling the respondents to return the vests, equipment, seals, insignia, arms and documents which were seized from PPS. On Nov 22, last year, the High Court in Penang dismissed the state government’s judicial review, ruling that the PPS was unlawful because it was not registered under the Societies Act. The Penang government had on Jan 27, 2015, filed a judicial review to challenge the Home Ministry’s order in declaring the PPS as an illegal organisation.
It named the Home Minister, Inspector-General of Police and the Malaysian Government as respondents in the judicial review application. PPS was formed in 2011 by the Penang state executive council, with the objective to assist the state government to combat crime, and to provide welfare, public safety and convenience to Penang residence.
It’s members were volunteers. Lawyers Tommy Thomas and S. Ambiga represented the Penang state government, while senior federal counsel Shamsul Bolhassan appeared or the respondents. Shamsul told reporters that he would seek instructions on whether to bring the matter up to the Federal Court. — Bernama