
Justice Amarjeet Singh held that the home ministry acted against the law in seizing the watches, and ordered the government to return the watches within 14 days.
Home ministry enforcement officers seized the watches, including Swatch’s rainbow-themed Pride Collection, between May 13 and 15 last year at 11 Swatch shops in Pavilion KL, 1 Utama, Sunway Pyramid, Mid Valley Megamall, and Suria Sabah.
The move came after social media users linked the collection to British band Coldplay’s support for the lesbian, gay, bisexual, and transgender community.
Swatch Malaysia filed a judicial review in August 2023 to challenge the government’s action.
Seeking a court order compelling the home ministry to return the watches, the Swiss watchmaker claimed the seizure was illegal as the watches were not defined as a form of “publication” under the Printing Presses and Publications Act 1984.
In a brief ruling, Amarjeet said the prohibition order on the watches was only issued and gazetted in August 2023, after their seizure in May.
“The applicant (Swatch) did not contravene any law (during the time of seizure),” Amarjeet added.
Although the court did not grant an order for RM64,795 in damages, Amarjeet said Swatch could seek compensation if the watches were damaged.
Lawyer Nizam Bashir appeared for Swatch Malaysia while federal counsel Sallehudin Ali represented the home ministry.