Wednesday, June 16, 2010

TAN TEK SENG v. SURUHANJAYA PERKHIDMATAN PENDIDIKAN & ANOR.

p.16
In Karam Singh v. Menteri Hal Ehwal Dalam Negeri, Malaysia [1969] 2 MLJ 129 Suffian FJ (as he then was) drew attention to the difference in language between the two Articles.

He said (at p. 150 of the report):
Our law is quite different from that of India...... Secondly, as already stated, here detention, in order to be lawful, must be in accordance with law, not as in India where it must be in accordance with procedure established by law. I have underlined the word 'procedure' twice in the extract from Sastri J's minority judgment in Atma Ram above [the reference here is to State of Bombay v. Atma Ram AIR 1951 SC 157], to show the importance attached to procedure under Indian Law."

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