KUALA LUMPUR: The High Court hearing regarding the government’s application to dismiss the originating summons filed by the Hindu Rights Action Force (Hindraf) concerning its deregistration has been rescheduled to May 14. This development follows the reassignment of the case to a new judge after Judge Datuk Ahmad Kamal Md Shahid’s recent appointment to the Court of Appeal.
According to BERNAMA News Agency, Senior Federal Counsel Liew Horng Bin confirmed that Judge Hayatul Akmal Abdul Aziz will now preside over the application. The postponement was announced during an online case management session with Deputy Registrar Lee Ka Full, who set the new hearing date.
The application, originally submitted on December 11, 2023, involves the Registrar of Societies (RoS) director-general, the Home Minister, the Law Minister, and the government as respondents. They argue that the originating summons filed by Hindraf on November 3, just days before a judicial review hearing, constitutes an abuse of the court process. Furthermore, the respondents claim that the declarations sought by Hindraf are academic, as no specific relief regarding the validity of the deregistration decision has been requested.
Hindraf chairman P. Waytha Moorthy initiated legal action against the deregistration under Section 13(1)(c)(iv) of the Societies Act 1966, asserting that the actions of the RoS director-general and the Home Minister were unlawful and unconstitutional, contravening the Federal Constitution. He also requested the court to exercise its discretion under Section 84 of the Courts of Judicature Act 1964 to refer legal questions to the Federal Court, including the constitutionality of Section 13(1)(c)(iv) and its consistency with Article 4 of the Federal Constitution.
Waytha Moorthy argued that Hindraf’s deregistration was unjustified and unconstitutional, claiming it did not violate the Federation’s security, public order, or morality as specified under Article 10(2)(c) of the Federal Constitution. Previously, on January 29 of the previous year, the High Court dismissed Hindraf’s judicial review application against the RoS director-general and the Home Minister regarding the revocation of the association’s registration.