BAR MALAYSIA v. PEGUAM NEGARA MALAYSIA & ANOR
COURT OF APPEAL, PUTRAJAYA
FAIZAH JAMALUDIN JCA
LIM HOCK LENG JCA
NADZARIN WOK NORDIN JCA
[CIVIL APPEAL NO: W-01(IM)-488-07-2024]
7 MAY 2026
[2026] CLJ JT (9)
Abstract – Under O. 53 of the Rules of Court 2012, there is only a single leave threshold for judicial review: whether the application discloses an arguable case that is not frivolous or vexatious. The law does not recognise formally distinct or higher leave tests for different classes of public authority, including prosecutorial decisions made under art. 145(3) of the Federal Constitution. While the threshold remains 'arguability', when the challenge involves the Attorney General's ('AG') prosecutorial discretion, the court must apply that single test with heightened discipline, caution, and restraint. This approach respects the constitutional status of the AG, the presumption of legality and the doctrine of separation of powers.
ADMINISTRATIVE LAW: Judicial review – Leave – Threshold – Attorney General's ('AG') decision to discontinue prosecution while trial at advanced stage and to seek discharge not amounting to acquittal (DNAA) – Challenge against AG's prosecutorial discretion – Whether law recognises different leave threshold for prosecutorial decisions – Whether applicant required to show 'compelling and prima facie proof' – Whether single leave test of 'arguable case' applied – Rules of Court 2012, O. 53 r. 3(1) – Sundra Rajoo Nadarajah v. Menteri Luar Negeri, Malaysia & Ors
CIVIL PROCEDURE: Judicial review – Leave – Threshold – Attorney General's ('AG') decision to discontinue prosecution while trial at advanced stage and to seek discharge not amounting to acquittal (DNAA) – Challenge against AG's prosecutorial discretion – Threshold for prosecutorial decisions – Rules of Court 2012, O. 53 r. 3(1)
CONSTITUTIONAL LAW: Prosecutorial powers – Attorney General ('AG') – Exercise of discretion – AG's decision to discontinue prosecution while trial at advanced stage and to seek discharge not amounting to acquittal (DNAA) – Challenge against AG's prosecutorial discretion – Whether AG's decision amenable to judicial review – Federal Constitution, art. 145(3) – Criminal Procedure Code, s. 254(1)
