Extradition Act provisions violate judicial power, says judge

KUALA LUMPUR: The High Court here has declared two provisions in the Extradition Act 1992 unconstitutional following a legal challenge by two Perak businessmen wanted by the US Department of Justice as part of its investigation into a major hacking syndicate.

Justice Wan Ahmad Farid Wan Salleh said Sections 4 and 20 of the Act violated the judicial power provision set out in Article 121(1) of the Federal Constitution.

In an oral ruling delivered during an online proceeding today, Wan Ahmad said the provisions in the Act gave the executive, in the person of the home minister, power to direct the judiciary, that is, the sessions court, in matters pertaining to the issuance of extradition orders.