KUALA LUMPUR: The High Court has dismissed a judicial review application brought by the Hindu Rights Action Force (Hindraf) in a bid to challenge its deregistration by the Registrar of Societies (RoS).
However, Justice Amarjeet Singh, who delivered his ruling online, did not provide the grounds of his decision.
Amarjeet ordered Hindraf to pay RM5,000 in costs to the RoS and the home minister.
Lawyer Annou Xavier appeared for Hindraf while senior federal counsel Liew Horng Bin represented RoS and the home minister.
On Dec 22, 2020, Hindraf, through its officer-bearer and former minister P Waytha Moorthy, filed an application seeking leave to challenge the validity of two decisions related to the deregistration of the organisation.
The first decision under review involved the deregistration of the rights group on Sept 30, 2019 by the RoS director-general (DG).
The second decision challenged was the home minister’s rejection of the group’s appeal, made on Aug 7, 2020.
Hindraf sought a declaration that both decisions were illegal, null and void.
On Feb 22, 2021, leave was obtained from the court to commence the action.
Meanwhile, Waytha has also filed an originating summons action seeking a declaration that Section 13 of the Societies Act 1966 is unconstitutional.
Section 13 provides the circumstances by which the RoS may cancel the registration of any society.
He named the RoS DG, the home minister, the law minister, and the government as defendants.
In the suit, filed last November, Waytha claimed the decision to deregister Hindraf violated several provisions under the Federal Constitution.
Meanwhile, the defendants have applied to strike out the suit on the grounds that it was scandalous, frivolous or vexatious, and an abuse of the court process.
Liew said the suit had been fixed for case management on Feb 29.
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