PUTRAJAYA, Oct 29 — The Court of Appeal today granted lawyer Rosli Dahlan leave to commence a judicial review challenging the police and public prosecutor’s move to seize his four Amanah Saham Nasional Bhd (ASNB) accounts under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).
A three-member bench comprising Justices Datuk Dr Choo Kah Sing, Datuk Nadzarin Wok Nordin and Datuk Seri Latifah Mohd Tahar unanimously allowed Rosli’s appeal to overturn a High Court decision that had dismissed his leave application.
The appellate bench ordered the case remitted to the High Court for a full hearing on its substantive merits before a different judge or judicial commissioner.
Delivering the court’s decision, Justice Choo held that the High Court had erred in disallowing Rosli’s application for leave to initiate the judicial review.
Justice Choo said the court was of the view that the High Court judge had applied a level of scrutiny more appropriate to a substantive hearing than to a leave application.
He also said Rosli had demonstrated a prima facie arguable case that the seizure orders may have been affected by mala fide, collateral purpose, irrationality or abuse of power.
“Whether those allegations can ultimately be established is a matter for a substantive hearing. The learned High Court judge therefore erred in refusing leave for this preliminary stage,” Justice Choo said.
Rosli’s lawyer Harvinderjit Singh confirmed the court’s decision to Bernama when contacted.
On August 14, 2024, the then High Court judge Tun Wan Ahmad Farid Wan Salleh (now Chief Justice) dismissed Rosli’s application for leave to initiate the judicial review.
In his application filed in December 2023, Rosli named several respondents, including former Inspector-General of Police Tan Sri Razarudin Husain, Commercial Crime Investigation Department director Datuk Seri Ramli Mohammed Yoosuf, the Royal Malaysia Police, former Attorney-General Datuk Ahmad Terrirudin Mohd Salleh, deputy public prosecutor Muhammad Zulfadli Mohd Nawawi and the Malaysian government.
Rosli is seeking, among other things, a certiorari order to quash the decision or action of the respondents who issued or caused the issuance of the seizure orders under Section 50 of the AMLA Act 2001.
At today’s proceedings, the Attorney-General’s Chambers was represented by senior federal counsel Normastura Ayub and federal counsel Zulkiefli Sulaiman.
Also representing Rosli were lawyers Chetan Jethwani, Amiratu Al Amirat, Ho Yu Fei and Shavitta Devi Raja Mohan. — Bernama
Date: 29 October, 2026 4:16 pm
Source: Malay Mail
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