KUALA LUMPUR: The Attorney-General’s Chamber (AGC) has objected to an originating summons filed by Muhammed Yusoff Rawther, a former research assistant of a politician, challenging the Malaysian government over a dismissed bail application. Yusoff is currently detained in Sungai Buloh prison as he awaits trial for allegedly trafficking 305 grams of cannabis.
According to BERNAMA News Agency, Yusoff’s lawyer, Muhammad Rafique Rashid Ali, stated that the AGC submitted an affidavit opposing the application. During a case management session, an opportunity was granted to respond to the affidavit before another session scheduled for January 20, 2025, in front of High Court Judge Datuk Wan Ahmad Farid Wan Salleh. Federal Counsel Muhammad Muhairi Mohamed Noh represented the AGC during the proceeding.
Muhammad Rafique further noted that the AGC objected to Yusoff’s request to refer a legal question to the Federal Court regarding the constitutionality of Section 41B of the Dangerous Drugs Act 1952. Deputy Public Pro
secutor Mohd Sabri Othman emphasized that any constitutional issues concerning Section 41B should be addressed in the Criminal High Court, which holds the appropriate jurisdiction, rather than through an originating summons in the Civil High Court.
The affidavit by the Malaysian government indicated that the Criminal High Court would handle all facts and evidence related to Yusoff’s arrest and the criminal charges, as the case progresses. Yusoff, who initiated the originating summons on September 27, seeks a declaration that Section 41B of the Dangerous Drugs Act is unconstitutional, as it restricts the court’s discretion in granting bail for drug trafficking charges.
Additionally, Yusoff is requesting an order under Section 388 of the Code of Criminal Procedure to grant him bail and permission to file a bail application pending the conclusion of his case. He was initially charged in the Magistrate’s Court on September 12 for trafficking 305 grams of cannabis, but the High Court has jurisdiction over the ca
se, and no plea was recorded.