Was the task force investigating Tommy Thomas’ book established legally?

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The Legality of the Task Force Investigating Tommy Thomas' Book is Being Challenged in Court

Tan Sri Tommy Thomas has initiated legal proceedings, filing an originating summons against the Malaysian government and the eight members of a special task force. Thomas contends that this task force, established to investigate allegations within his book My Story: Justice in the Wilderness, was set up illegally. His primary argument is that the task force members were not appointed under the authority of any written law, rendering the body and its actions unlawful and ultra vires.
Basis of Thomas' Legal Challenge

Thomas' legal challenge hinges on the assertion that the special task force lacks a legitimate legal foundation. He argues that unlike a Royal Commission of Inquiry (RCI), whose members are appointed by the Yang di-Pertuan Agong and operate with transparency, the task force's establishment by Cabinet appointment does not grant it lawful authority. He specifically contends that the task force possesses no legal power to compel or recommend investigations into potential offences, a power that an RCI might possess.
Task Force's Formation and Mandate

The special task force was constituted as a fact-finding entity to conduct a comprehensive review and analysis of Thomas' book. This body was appointed by the Cabinet on December 22 of the previous year. According to the then de facto law minister, the task force convened 10 meetings between December 23, 2021, and April 12. These sessions involved discussions and consultations with various government agencies, including the Attorney General’s Chambers and the police, to examine whether the book's publication might have contravened laws or regulations applicable to the Attorney General's office, or disclosed potential abuses of power or breaches of professional ethics by the author.
Task Force Membership and Leadership

The special task force was chaired by Datuk Seri Fong Joo Chung, the Sarawak state legal adviser and former Sarawak state attorney general. The other appointed members included former Sabah state secretary Datuk Hashim Paijan, Datuk Junaidah Kamaruddin, Datuk Jagjit Singh Bant Singh, Datuk Shaharudin Ali, and Balaguru Karupiah. Tommy Thomas himself served as the Attorney General from June 4, 2018, until February 28, 2020, prior to the formation of this task force.

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Was the task force investigating Tommy Thomas’ book established legally?

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