DUE PROCESS

A fundamental requirement of due process is the "...opportunity to be heard..."It is an opportunity  which must be granted at a meaningful  time and in a meaningful way..."

Potter Steward, Armstrong v  Manzo 380 U.S 545,552 (1965)

2015 1 MLJ

DATUK SERI KHALID  BIN ABU BAKAR & ORS V N INDRA  ( THE ADMINISTRATOR OF THE OF THE ESTATE AND DEPENDANT OF KUGAN A/L ANATHAN , DECEASED) 

Police- Duties of Police   Breach of statutory duties - Detainee beaten  to death by policemen whilst in  detention  - Abuse of remand  warrant - attempt to cover up incident Vicarious liability - whether tortfeasor and superior officers liable for deceased death

Held:- where there is a breach of a constitutional  right  by a public authority, S8 (2) of the Civil Law Act  does not apply and the courts cannot be barred from awarding exemplary damages. Section 8 of the CLA ONLY applies to private torts in so far as the prohibition of awarding exemplary damages.  This was an appropriate case to award exemplary damages.

Writers opinion= Courts award exemplary compensation when on the facts before the Court, the actions of the offender are so reprehensible with a conscious disregard for the rights of another. The basis of this reasoning is that, it it to deter others from  engaging  in a similar conduct.

1st Amendment ( US Constitution)

Congress shall make no law respecting an establishment of religion, or prohibiting the free excercise thereof , or abridging the   freedom of speech, or of the press, or the right of the people peacebly to assemble, and to petition the Goverment  for a redress of grievances.