SITI ZABEDAH KASIM & ANOR v. ACP NOOR DELLHAN YAHAYA & ORS

[2023] 1 MLRH 683
High Court Malaya, Kuala Lumpur
Wan Ahmad Farid Wan Salleh J
[Judicial Review Application No: WA-25-248-04-2022]
Wan Ahmad Farid Wan Salleh J

JUDGMENT

Wan Ahmad Farid Wan Salleh J:

The Background Facts

[1] Sometimes in December 2021, it was widely reported by the media that a member of the Malaysian Anti-Corruption Commission Consultation and Corruption Prevention Panel ("the MACC Panel"), Edmund Terrence Gomez ("Gomez"), had resigned. According to the report, the reason for Encik Gomez's resignation was because of the purported inaction of the MACC Advisory Board to act on his complaints against the MACC Chief Commissioner, Tan Sri Azam bin Baki.

[2] The complaint against Tan Sri Azam was in respect of his alleged ownership of shares in a company.

[3] In a press conference made on 5 January 2022, Tan Sri Azam explained that his share account had been used by his brother to purchase stocks in the open market. On the same day, the Chairman of the MACC Advisory Board announced that the Board was satisfied with Tan Sri Azam's explanation that he had no beneficial interest in the shares.

[4] However, the announcement of the Chairman of the MACC Advisory Board was challenged by 6 other members of the Board. In a joint statement on 8 January 2022, the 6 members of the Advisory Board distanced themselves from the Chairman's statement.

[5] Despite the numerous statements made by various parties, including the Secretary of Dewan Rakyat, the Securities Commission and the Parliamentary Select Committee on Finance and Economy, there was no evidence that any investigation was commenced against Tan Sri Azam.

[6] Aggrieved, on 18 January 2022, a civil movement called "Tangkap Azam Baki" (Arrest Azam Baki) announced that it would be organising a peaceful assembly ("the Rally") to protest against the alleged inaction against Tan Sri Azam.

[7] On 20 January 2022, the putative 1st respondent, ACP Noor Dellhan Yahya, obtained an order prohibiting any person from having an assembly in three locations which were Dataran Merdeka, Sogo and Masjid Jamek. The order ("Prohibition Order") was issued by the Kuala Lumpur Magistrate's Court vide Criminal Application No: WA-89-84-01-2022. The Prohibition Order inter alia states as follows:

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