Sunday, 24 November 2024

High Court: Home Ministry acted against the law

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Illegal seizure of Swatch wat6ches by Home Ministry enforcement officers

High Court: Home Ministry acted against the law

Update1

AS ARROGANT AS EVER. STILL WANTS TO PROLONG THE MISERY OF BUSINESSES

Home ministry to wait for written judgment before returning watches

Pan Eu Joe

-25 Nov 2024, 11:29 AM

Saifuddin Nasution Ismail says the watches will be returned as his ministry does not want to be held in contempt of court.

 

The home ministry led by Saifuddin Nasution Ismail had acted against the law in seizing 172 Swatch watches last year, the High Court ruled this morning. (Bernama pic)

PUTRAJAYA: Home minister Saifuddin Nasution Ismail says his ministry will wait for the High Court’s written judgment on the matter before returning the 172 Swatch watches seized last year.

He said the home ministry would comply with the court’s order as it did not want to be held in contempt.

“But since the court’s decision was made this morning, we will have to wait for the full court report (judgment) on the matter before ordering the ministry to return the watches,” he told reporters after attending the ministry’s monthly assembly here today.

Saifuddin said that in principle, the home ministry was like any other ministry and would need to respect and comply with the court’s decision.

He added that he would be briefed on the matter soon.

The High Court this morning ordered the government to return the Swatch watches, including the Pride Collection series, seized by the home ministry last year.

Justice Amarjeet Singh said the home ministry had acted against the law in seizing the watches, and ordered the government to return them within 14 days.

The watches, including Swatch’s rainbow-themed Pride Collection, were seized by home ministry officers 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.

KUALA LUMPUR, Nov 25, 2024: When the Government, in this case the Home Ministry, acts against the law, is there any fair recourse?

The High Court today ordered the Government to return the 172 Swatch watches, including the Pride Collection series, seized by ministry officers last year.

This is a classic case of bullying by enforcement officers who act as though they are above the law.

In this case, the officers acted after baseless complaints lodged by racial and religious bigots.

No News Is Bad News reproduces below a news report on the court proceedings:

Court orders govt to return seized Swatch watches

Ho Kit Yen

-25 Nov 2024, 09:35 AM

The High Court holds that the home ministry acted against the law in seizing the 172 watches.

 

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. (Swatch pic)

KUALA LUMPUR: The High Court here has ordered the government to return the 172 Swatch watches, including the Pride Collection series, seized by home ministry officers last year.

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 apply for damages if the watches were spoiled.

Lawyer Nizam Bashir appeared for Swatch Malaysia while federal counsel Sallehudin Ali represented the home ministry.

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