PUTRAJAYA: The Federal Court has reserved judgment on a review application by three prisoners seeking to set aside their whipping sentences.
A three-member panel chaired by Chief Justice Datuk Seri Utama Wan Ahmad Farid Wan Salleh said the decision would be delivered at a later date.
The applicants contended that whipping violates Articles 5 and 8 of the Federal Constitution, citing potential risk of death.
They referenced a previous case where an inmate died after being whipped.
All three men had their death sentences commuted to 30 years’ imprisonment and whipping under Act 847.
Mohd Helmi Anuar Mohd Kassim and Kumanaan Anthony Vincent each received 24 strokes of the cane.
J. Sivachandran, convicted of murder, was sentenced to 12 strokes in addition to 30 years in prison.
Lawyer N. Surendran argued the punishment violates Article 5(1), which guarantees the right to life.
He claimed information about a former inmate’s death emerged after their cases were reviewed under Act 847.
Deputy Public Prosecutor Afzainizam Abdul Aziz defended the sentence as lawful and within current legislation.
He emphasised strict medical safeguards prevent excessive harm during whipping.
The procedure is conducted under constant medical supervision and halted if a prisoner is deemed unfit.
Malaysian Bar counsel M.M. Athimulan argued whipping breaches Article 8(2) guaranteeing equality.
He noted only men are subject to caning while women are exempt. – Bernama
