ladybird

Thursday, December 03, 2009

Court ruling takes bite out of local council summonses

Below is the link to the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F22%2Fnation%2F5162786

Summary:
you may be able to get away with government summonses for illegal parking, not displaying a valid parking ticket, open burning or not having a dog license that issued by local government. A recent High Court ruling in a landmark case which stated that local councils did not have the right to prosecute anyone as such a prosecution would contravene the Federal Constitution. Mini-market owner Subrama­niam Gopal, 50, defied the orders of the Lanchang Temerloh Muni­cipal Council to move his fish and vegetable business to the new council market and was taken to court on four charges of operating his business without a valid licence.
Temerloh High Court Judicial Commissioner Akhtar Tahir overturned a magistrate court’s ruling and said that if anyone was going to prosecute Subramaniam, it should be the Attorney-General. Judge Akhtar then ordered that Subramaniam be given a discharge not amounting to an acquittal.

Comment:
In my opinion, we could get away with government summonses as long as the summonses on our deeds no harm for others. For the case of Subramaniam, I think this depends on the operation of the business. The way he places his fish and vegetables that probably could affect others but if it really doesn't affect others then it shouldn't be any problem. For the case of Subramaniam, I think High Court Judicial Commisioner takes the right action for the discharge.

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