Judgements

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Indira Gandhi v Pathmanathan

Court of Appeal 30/12/2015.

Dissenting Judgment of Justice Hamid Sultan Bin Abu Backer.

Unilateral Conversion of Child by Father to Islam is unconstitutional and hence Invalid Note: Subsequently, the Federal Court unanimously held that the unilateral conversion was invalid, reversing the majority decision at Court of Appeal.

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Teoh Meng Kee v PP

Court of Appeal 05/09/2014.

Unanimous decision by Court of Appeal.

Judgment of Justice Hamid Sultan Bin Abu Backer.  

Reversed the decision of the High Court and ordered the Inspector General of Police to do the needful to commence investigation under the CPC, when Teoh Beng (political aide to YB Ean Yong Hian Wah ) died in MACC custody.

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Nik Nazmi v PP

Court of Appeal 25/04/2014.

Unanimous decision by Court of Appeal.

Judgment of Justice Hamid Sultan Bin Abu Backer.

Sec. 9 of the Peaceful Assembly Act 2012 was unconstitutional and hence invalid. This was because the s. 9 imposed certain conditions for peaceful assembly to be unconstitutional. In the absence of these judgments, PKR could not have ‘peacefully’ carried on the ‘peaceful assemblies’ in successfully campaigning for the change. 

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Ni Noorhafizi v PP

Court of Appeal 04/09/2013.

Dissenting Judgment of Justice Hamid Sultan Bin Abu Backer. 

The then s. 27 of the Police Act 1967, which required a licence for peaceful assembly, was unconstitutional and invalid. This was because the s. 27 contravened the fundamental liberty of citizen to peacefully assemble, which liberty was protected in article 10 of the Federal Constitution. 

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