Court dismisses Hindraf challenge over deregistration
The Hindu Rights Action Force (Hindraf) failed in its legal bid to reverse its deregistration by the Registrar of Societies (RoS).
The Kuala Lumpur High Court earlier today dismissed the group’s judicial review application targeting the RoS director-general’s decision to deregister it on Sept 30, 2019.
The Hindu Rights Action Force (Hindraf) failed in its legal bid to reverse its deregistration by the Registrar of Societies (RoS).
The Kuala Lumpur High Court earlier today dismissed the group’s judicial review application targeting the RoS director-general’s decision to deregister it on Sept 30, 2019.
Judge Amarjeet Singh binned Hindraf’s action, which had also targeted the home minister’s decision on Aug 7, 2020 to uphold RoS’ deregistration.
When contacted, counsel Annou Xavier and senior federal counsel Liew Horng Bin confirmed the outcome of the human rights organisation’s challenge.
Xavier acted for Hindraf while Liew represented RoS and the minister, who are respondents in the matter.
No reasons were given for today’s ruling, but these would be provided in the full grounds of judgment later, especially if Hindraf wishes to appeal to the Court of Appeal.
Group seeking reversal of decision
On Dec 22, 2020, Hindraf filed the judicial review application.
The human rights organisation acted through its office bearer, former minister in the Prime Minister’s Department in charge of national unity and social well-being P Waytha Moorthy.
Hindraf is challenging the validity of two decisions, by the RoS director-general and the minister respectively, concerning the deregistration of the organisation.
Hindraf claimed that the RoS director-general had sought to deregister the group for alleged contravention of the Societies Act 1966.
The group alleged that it had then replied through letters to the RoS director-general on Sept 26 and 30, 2019, which sought to provide proof for the deregistration not to be carried out.
It claimed that, despite its replies, the director-general on Sept 30 the same year issued a letter to deregister the organisation.
Hindraf claimed it then sent a letter dated Oct 24, 2019, to the minister to appeal against the director-general’s decision.
The group claimed that the minister, on Aug 7, 2020, informed Hindraf that the appeal was dismissed and the decision to deregister was upheld.
Hindraf is seeking a court order to compel the RoS director-general and the minister to cancel their decisions and register the group again, to take effect from Sept 30, 2019.
It also seeks a declaration that the two decisions to deregister the NGO are illegal and thus null and void; and an order to temporarily suspend the two decisions, pending disposal of the judicial review application.
It also seeks cost in the cause and any other relief deemed fit by the court.
Hindraf came into the media spotlight following its rally in Kuala Lumpur in 2017 that sought to highlight alleged ethnically discriminatory policies in Malaysia.
