judgment of this Court on behalf of myself and Ahmad Fairuz JCA now Chief

Judgment of this court on behalf of myself and ahmad

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judgment of this Court on behalf of myself and Ahmad Fairuz JCA (now Chief Justice) I said: Again, national security, public safety or public interest are considerations that may exclude procedural fairness in a particular case. The burden of showing that reasons for a decision ought not to be given lies, of course, upon the public decision-taker. And his mere ipse dixit upon the question is inconclusive. There must be some basis or material for suggesting that questions of public safety, public interest or national security or one or more of these are involved. In some cases, it may be quite plain and obvious from the very subject matter that they are. In others, it may not be so. Ultimately, it is for the courts to determine whether, upon the facts and circumstances of a particular case, the plea ought to be upheld.
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37 [2007] 1 CLJ A B C D E F G H I Dr Mohd Nasir Hashim v. Menteri Dalam Negeri Malaysia [23] In the present instance there is not a scintilla of evidence to show that issues of national security were involved. All we have is the mere ipse dixit of the Minister based on information given by the police to him. Nothing else. On the authorities this is insufficient. The appellant’s complaint is therefore justified. But that is not the end of the matter. [24] Here we have a case where the Minister relied on two grounds to deny registration of PSM at the national level. One, as I have already said, is a good reason. The other is a bad reason. In my judgment where a public decision-maker gives two reasons – a good one and a bad one – for his decision the court is entitled to uphold the ultimate decision provided that the bad reason was not the overriding consideration on which the decision is based. The authorities on the point are legion. [25] In State of Maharashtra v. Babulal Kriparam Takkamore AIR [1967] SC 1353, Bachawat J when delivering the judgment of the Indian Supreme Court said: The principle underlying these decisions appears to be this. An administrative or quasi-judicial order based on, several grounds, all taken together, cannot be sustained if it be found that some of the grounds are non-existent or irrelevant, and there is nothing to show that the authority would have passed the order on the basis of the other relevant and existing grounds. On the other hand, an order based on several grounds some of which are found to be non-existent or irrelevant, can be sustained if the Court is satisfied that the authority would have passed the order on the basis of the other relevant and existing grounds, and the exclusion of the irrelevant or non-existent grounds could not have affected the ultimate opinion or decision. [26] In Zora Singh v. J. M. Tandon AIR [1971] SC 1537, Shelat J said: The High Court was right in holding that even if there were, amongst the reasons given by the Commissioner, some which were extraneous, if the rest were relevant and could be considered sufficient, the Commissioner’s conclusions would not be vitiated.
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