: The Federal Court today ruled that the Penang state government has no power to set up the Voluntary Patrol Unit .
“In our view, the respondent’s reliance on Section 9 and paragraph 101 of the Local Government Act as the legal basis for the establishment of PPS is not supported by the facts and the law,“ said Justice Zaharah who delivered the decision of the Federal Court five-man bench in the appeal by the federal government.
“The establishment of a body with the stated objective of undertaking community policing is certainly outside the executive powers of the state. “To enable members of the public to participate and assist in the maintenance of public order, Parliament had enacted laws such as the Rukun Tetangga Act 2012 and Malaysia Voluntary Organisations Act 2012,“ she said.
Justice Zaharah said the then Home Minister Datuk Seri Ahmad Zahid Hamidi’s opinion that PPS was being used for purposes prejudicial to public order had not been substantiated, adding that his exercise of discretion in issuing the order to declare PPS unlawful was unreasonable and irrational.
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