Government’s Application to Dismiss Hindraf’s Deregistration to be Heard Before New High Court Judge
Date Set for Hearing: May 14
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.
New Judge Appointed
Senior Federal Counsel Liew Horng Bin confirmed that 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. Liew stated that the court scheduled the hearing for May 14 before Judge Hayatul Akmal during today’s online case management before Deputy Registrar Lee Ka Full. As a result, today’s hearing has been postponed.
Background
The application was filed on December 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 November 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.
Hindraf’s Deregistration
Hindraf chairman P. Waytha Moorthy filed an originating summons on November 3, 2023, challenging the deregistration of Hindraf 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.
Hindraf’s Claims
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 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.
Previous Hearing
On January 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.
Conclusion
The government’s application to dismiss Hindraf’s originating summons will be heard before a new High Court judge on May 14. The hearing is expected to shed more light on the controversy surrounding the deregistration of Hindraf.
Frequently Asked Questions
- What is the basis for the government’s application to dismiss Hindraf’s originating summons?
- The government argues that Hindraf’s originating summons constitutes an abuse of the court process and that the declarations sought are academic.
- What is the background of the case?
- Hindraf was deregistered under Section 13(1)(c)(iv) of the Societies Act 1966, and its chairman, P. Waytha Moorthy, filed an originating summons challenging the decision.
- What are the next steps in the case?
- The government’s application to dismiss the originating summons will be heard before a new High Court judge on May 14.