Latest news with #HarmindarSinghDhaliwal
New Straits Times
3 days ago
- Politics
- New Straits Times
Committee proposes quick reforms to criminal laws, including ending mandatory whipping
KUALA LUMPUR: The Criminal Law Reform Committee (CLRC) has proposed several immediate reforms, or "quick wins," while carrying out a full review of the Penal Code, Criminal Procedure Code and Evidence Act 1950. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said these include abolishing mandatory whipping by giving judges discretion in sentencing, improving remand procedures and expanding the use of community service orders for minor offences as an alternative to imprisonment. These quick win reforms also include strengthening the e-plea of guilty system, improving pre-trial document disclosure procedures, and introducing fixed timelines for bail decision-making to ensure fairness. "The CLRC also has a special mandate to review proposed amendments to Section 97 of the Child Act 2001 following the abolition of mandatory death and life imprisonment sentences under Act 846. "It will also look into consequential amendments to the Criminal Procedure Code, the moratorium on the death penalty, the introduction of Deferred Prosecution Agreements, and matters involving cybercrime and national security offences," she told the Dewan Rakyat Special Chambers today. She said the CLRC is chaired by Tan Sri Datuk Harmindar Singh Dhaliwal, former Federal Court judge, with Datuk Ravinthran N. Paramaguru, Court of Appeal judge, serving as Deputy Chair. The committee also includes judges, legal practitioners, academics specialising in criminal law, and representatives from the Human Rights Commission of Malaysia (Suhakam). To strengthen the review process, an ad hoc CLRC panel was also formed to provide ongoing technical and strategic input, supported by four subcommittees led by senior figures from the judiciary and legal profession. She said the CLRC had also engaged stakeholders, including the police, the Prison Department, the Social Welfare Department, the Registrar of the Federal Court's Office, the Home Ministry, and Suhakam, as well as holding town hall sessions in Sabah and Sarawak to gather feedback on specific issues and proposed quick-win reforms. She also said collaboration with Universiti Malaya, Universiti Kebangsaan Malaysia, Universiti Teknologi Mara and Universiti Sains Islam Malaysia was undertaken to ensure that the review and recommendations are based on sound academic research and strong empirical evidence. Azalina said the reforms were in line with the government's Madani aspiration to ensure the criminal justice system meets the needs of modern society, improves the protection of human rights, speeds up judicial processes with more efficient and transparent procedures, and aligns with international standards. "The government is optimistic that this reform initiative will result in a more progressive, fair and efficient criminal justice system that is grounded in human rights and societal needs," she said.
Borneo Post
10-06-2025
- Politics
- Borneo Post
Sabah Town Hall gathers input for criminal law reform
Tan Sri Datuk Harmindar Singh Dhaliwal KOTA KINABALU (Jan 10): The Criminal Law Reform Committee (CLRC), tasked with reviewing and proposing reforms to the Penal Code [Act 574], Criminal Procedure Code [Act 593], and Evidence Act 1950 [Act 56], successfully held a Town Hall session in Sabah on Monday to gather input from stakeholders in the state. This session follows a similar series held in Peninsular Malaysia on 21 May 2025. The Town Hall was chaired by Tan Sri Datuk Harmindar Singh Dhaliwal, former Federal Court judge and chairman of CLRC, alongside his deputy, Datuk Ravinthran N. Paramaguru, a Court of Appeal judge. Also in attendance was Datuk Zamri Misman, Director-General of the Legal Affairs Division, Prime Minister's Department. The Legal Affairs Division of the Prime Minister's Department said in a statement on Monday that the session aimed to collect suggestions and feedback from Sabah stakeholders regarding criminal law reforms, including the introduction of new offences, amendments to evidence law, burden of proof and sentencing, improvements to fair trial principles, and enhancements to pre-trial procedures — all aligned with the goal of strengthening overall criminal justice. This initiative was spearheaded by Dato' Sri Azalina Othman Said, Minister in the Prime Minister's Department (Law and Institutional Reform), as part of a comprehensive national consultation effort. The inclusive approach emphasizes broad participation from various segments of society, including vulnerable groups, professionals and civil society, to ensure fair, equitable and people-centric legal reforms. The overwhelming response during the Sabah Town Hall highlights the initiative's relevance to the public and reflects a collective commitment towards criminal justice reform. It aligns with the MADANI Government's efforts to ensure the nation's legal framework remains relevant, effective, and just in addressing technological advancements, socio-economic developments, emerging threats, and international best practices. To allow more public participation, the deadline for submitting feedback on proposed criminal law reforms has been extended from 31 May 2025 to 15 June 2025. The Legal Affairs Division, Prime Minister's Department extends its highest appreciation to all ministries, government agencies, civil society organizations, higher education institutions, the Malaysian Bar Council, Sabah Law Society, CLRC committee members, and researchers for their valuable contributions. The establishment of the CLRC is a special initiative to review and propose reforms to three key laws — the Penal Code [Act 574], Criminal Procedure Code [Act 593] and Evidence Act [Act 56] — within 18 months in a phased manner. So far, the Committee has held two meetings to discuss the direction of the study and planned reform phases. To strengthen the study's implementation, an Ad Hoc Committee comprising legal, enforcement, technology and civil society experts has also been formed to provide ongoing technical and strategic input. The Chair and members of both committees were appointed by Azalina, reflecting the MADANI Government's commitment to comprehensive legal reforms. This effort aims to ensure the country's criminal justice system becomes more responsive, fair and effective while upholding the rule of law and protecting individual rights.
Free Malaysia Today
28-05-2025
- General
- Free Malaysia Today
Govt shouldn't be allowed to sue for defamation, says ex-senior judge
Former Federal Court judge Harmindar Singh Dhaliwal said political parties and corporations should also not be allowed to sue for defamation. (Facebook pic) KUALA LUMPUR : Only individuals should be allowed to file defamation suits, said former Federal Court judge Harmindar Singh Dhaliwal. Speaking at the 'Defamation Law Reform: Revisiting the Defamation Act 1957' forum here today, Harmindar said it did not make sense for the government to sue its citizens for defamation. 'The government shouldn't be allowed to sue for defamation. 'I cannot fathom how a government can have a governing reputation and yet use the taxpayers' money to sue its own citizens to stifle their criticism. 'It just doesn't make sense to me,' he said at the forum held at the Malaysian Bar's office. Harmindar, who retired last month, cited an 'unusual case' where the Sarawak government was allowed to sue an individual. He was referring to the apex court's landmark ruling on Sept 26, 2018, that the federal and state governments could sue individuals for defamation. The ruling was made in the case involving Bandar Kuching MP Chong Chieng Jen's appeal against the Sarawak government. Similarly, Harmindar said, several other entities, particularly corporations, should be barred from filing defamation suits. 'I might be controversial here but I said in some of my judgments that defamation suits should be restricted to individuals and not corporations, simply because of the inequality of power between corporations against the individual. 'Political parties, organisations, governments, and corporations should not be allowed to sue for defamation,' he said. Apologies useless Harmindar also said orders for apologies in defamation cases served no real purpose. 'An apology is useless if it does not come from the heart, so why put it in the legislation? It's easier if you order corrections. An apology doesn't mean anything,' he said. The former judge also disagreed with awarding exorbitant amounts in damages in defamation suits. He said that under defamation laws, a claimant's primary concern was vindication, not an excessive amount of money in damages. 'The common law has always been occupied with money as compensation, but defamation law is quite different because what the person seeks is vindication. 'When you win a case, you are vindicated but some courts award millions (in damages); all that is rubbish,' he said.
Malaysiakini
28-05-2025
- Politics
- Malaysiakini
Bar govts, firms from suing individuals for defamation, ex-judge says
A retired Federal Court judge today suggested the Bar Council push for an amendment to the Defamation Act to disallow governments and corporations from filing defamation suits. Harmindar Singh Dhaliwal told a forum in Kuala Lumpur that the defamation law should be restricted to individuals as reputation was initially about honour and good name, among others...
New Straits Times
28-05-2025
- Politics
- New Straits Times
Defamation payouts must not exceed injury compensation, says ex-Federal Court judge
KUALA LUMPUR: Damages awarded in civil defamation suits should not exceed those granted in cases involving physical injury, said former Federal Court judge Tan Sri Harmindar Singh Dhaliwal. He described it as disproportionate for courts to award millions for reputational harm, while victims suffering life-altering injuries, such as paraplegia, receive only hundreds of thousands. "People will lose confidence in the court if you award millions for loss of reputation rather than for the loss of limbs," he said at the Bar Council's forum on defamation law reform, Revisiting the Defamation Act 1957. Additionally, the former top court judge said that exemplary damages, additional compensation awarded beyond actual loss, especially when the defendant has acted with vindictiveness or malice, should have no place in defamation law. Meanwhile, Bar Council Civil Law and Law Reform Committee co-chair Datuk Seri M. Ramachelvam said politicians should not receive higher awards than ordinary individuals in defamation cases. "They (politicians and celebrities) have far more resources to respond," he said. Ramachelvam also pointed out that the legal costs of initiating a defamation suit were prohibitive for ordinary people. He suggested creating an alternative mechanism to resolve defamation cases and improve access to justice. "In Malaysia, it's usually the rich and influential who pursue defamation cases," he added. The committee's deputy chairman Saraswathy Shirke Deo, said the committee was considering a proposal to raise the threshold for defamation claims to prevent trivial matters from reaching the courts. "We want to make it a tad bit harder for celebrities and politicians. You want to ensure that when you file a defamation suit, it's a genuine one. "So, we would want to raise the threshold," she said.
