Appeals court declares PPS lawfully established (Updated)

PUTRAJAYA: The Court of Appeal yesterday declared that the Penang Voluntary Patrol Unit (PPS) had been lawfully established by the Penang state government.
In allowing an appeal by the state government, the panel of three judges led by Justice Datuk Tengku Maimun Tuan Mat set aside the Penang High Court's decision which had held that PPS was illegal.
Tengku Maimun, who presided with Justices Datuk Kamardin Hashim and Datuk Mary Lim Thiam Suan, in a unanimous decision, granted:
> a certiorari order to quash an order by the home minister on Nov 3, 2014, declaring PPS an unlawful organisation;
> an order sought by the state government to declare that PPS is not a society under the Societies Act 1965; and
> a mandamus order compelling the home minister, inspector-general of police and the federal government to return vests, equipment, seals, insignia, arms and documents which had been seized from PPS.
The patrol unit, whose members are volunteers, was formed in 2011 by the Penang state executive council to help the state government combat crime, ensure public safety and provide welfare services to Penang residents.
On Nov 22 last year, the High Court in Penang had dismissed the state government's application for a judicial review of a ruling that the PPS was unlawful because it was not registered under the Societies Act.
The state government had on Jan 27, 2015, filed for a judicial review to challenge the Home Ministry's order declaring the PPS as an illegal organisation. It named the home minister, inspector-general of police and the federal government as respondents.
Lawyers Tommy Thomas and S. Ambiga represented the Penang state government, while senior federal counsel Shamsul Bolhassan appeared for the respondents.
Shamsul told reporters that he would seek instructions on whether to take the matter up to the Federal Court.
Prior to the Home Ministry order, 157 PPS members were detained after they took part in the 2014 Merdeka Day parade in Penang after the Registrar of Societies (ROS) confirmed the organisation was not registered.
Among those arrested were PPS chairman Phee Boon Poh, who is a state executive councillor, PPS deputy chairman Ng Wei Aik (who is Tanjong MP) and Seri Delima assemblyman R. S. N. Rayer, who is PPS chief is his constituency.
In PENANG, Aaron Ngui and Edmund Lee report that the Court of Appeal decision was lauded with the ruling described as "returning justice to the PPS".
Phee was quoted as saying the state exco will discuss the court decision at its meeting today before deciding on the next course of action.
When contacted, Ng expressed his hope the organisation could be reactivated as soon as possible, adding however that the decision lay with the state exco.
Meanwhile, Rayer expressed eagerness to get back into action to serve his constituents in the purple PPS vest following the Court of Appeal ruling.
"Many PPS members have been waiting for this moment. I am confident they are ready to serve again in the PPS colours," he added.