PUTRAJAYA: The Court of Appeal has dismissed an appeal by the Attorney-General (AG) against a High Court’s decision to grant lawyer Rosli Dahlan leave to commence a judicial review to challenge his alleged wrongful arrest and detention in October 2023.
In a unanimous decision, a three-judge panel led by Justice Datuk Supang Lian, sitting with Justice Datuk Lim Chong Fong and Datuk Azizul Azmi Adnan, ruled that the appeal was unmeritorious.
“We are satisfied on the facts of this case, that this (Rosli’s judicial review application) is not a frivolous application and the applicant (Rosli) had an arguable case,” said Justice Supang when delivering the court’s decision.
She said the court was of the view that due to the current development in the law, criminal investigations may be subjected to judicial review following the case of Datuk N.Sundra Rajoo.
Senior Federal Counsel Rahazlan Affandi Abdul Rahim, representing the respondents, had argued that Rosli’s judicial review challenge of his arrest, detention, the freezing of his bank accounts and imposition of a travel ban, is related to actions taken during a criminal investigation and therefore not amenable to judicial review.
Rosli’s lead counsel Datuk DP Naban, countered by saying that the High Court’s judgment had shown the mala fide of the process of investigation as Rosli’s office was raided and he (Rosli) was arrested and remanded.
In April last year, High Court judge Datuk Ahmad Kamal Md Shahid (now Court of Appeal judge) granted leave to Rosli to initiate the judicial review application.
Rosli had filed the judicial review application in December 2023, naming the Inspector-General of Police Tan Sri Razarudin Husain@Abd Rasid; Commercial Crime Investigation Department director, Datuk Seri Ramli Mohamed Yoosuf; Head of the Money Laundering Crime Investigation Team of the Office of the Inspector General of Police, Datuk Muhammad Hasbullah Ali, his deputy, ACP Foo Wei Min; and investigating officer, Supt Mohd Faizal Mohd Atan as defendants.
Also named as defendants were Immigration Director-General Datuk Seri Khairul Dzaimee Daud, the Royal Malaysia Police (PDRM), the Immigration Department, and the government.
Rosli was seeking an order to quash the decisions or actions of the respondents who were alleged to have abused their power by implicating him with a police report related to i-Serve Technology and Vacations Sdn Bhd (i-Serve), which had no connection to him.
He is also seeking a declaration that the actions of the respondents, which led to his arrest, detention and remand on Oct 26, 2023, as well as the freezing of his bank accounts, were unlawful and violated his fundamental rights under the Federal Constitution.
Lawyer Harvinderjit Singh, who also represented Rosli in the proceeding today, told the court that the High Court has fixed June 23 to hear the merits of Rosli’s judicial review.
