KUALA LUMPUR: The government’s application to dismiss the originating summons filed by the Hindu Rights Action Force (Hindraf) over its deregistration will be heard before a new High Court judge on May 14.
Senior Federal Counsel Liew Horng Bin confirmed Judge Hayatul Akmal Abdul Aziz will now hear the application following the appointment of Judge Datuk Ahmad Kamal Md Shahid to the Court of Appeal.
“During today’s online case management before Deputy Registrar Lee Ka Full, the court scheduled the hearing for May 14 before Judge Hayatul Akmal. As a result, today’s hearing has been postponed,” Liew said.
The application was filed on Dec 11, 2023 by the Registrar of Societies (RoS) director-general, the Home Minister, the Law Minister and the government as the first to fourth respondents.
It argues that Hindraf’s originating summons, submitted on Nov 3 and just three days before the judicial review hearing, constitutes an abuse of the court process.
The respondents also claim that the declarations sought by Hindraf are academic, as no specific relief regarding the validity of the decision to deregister the association was requested.
On Nov 3, 2023, Hindraf chairman P. Waytha Moorthy filed an originating summons challenging Hindraf’s deregistration under Section 13(1)(c)(iv) of the Societies Act 1966. He argued that the move by the RoS director-general and the Home Minister was unlawful and unconstitutional, violating the Federal Constitution.
Waytha Moorthy further sought the court’s discretion under Section 84 of the Courts of Judicature Act 1964 to refer legal questions to the Federal Court. These include whether Section 13(1)(c)(iv) is unconstitutional and inconsistent with Article 4 of the Federal Constitution.
He also contended that the Hindraf’s deregistration was unjustified and unconstitutional, as it did not contravene the Federation’s security, public order or morality as stipulated under Article 10(2)(c) of the Federal Constitution.
On Jan 29 last year, the High Court dismissed Hindraf’s judicial review application against the RoS director-general and the Home Minister over the revocation of the association’s registration.
