What legal threshold did the activists fail to meet in their challenge?

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Federal Court Dismisses Activists' Bid to Challenge AG's Prosecution Decision

The Federal Court has dismissed an application by activists S. Sivakumar and M. Rajasegaran seeking leave to challenge the Attorney General's (AG) decision not to prosecute preachers Muhammad Zamri Vinoth Kalimuthu and Firdaus Wong Wan Hung for alleged insults against Hindus. The court found that the activists' application did not meet the required threshold under Section 96 of the Courts of Judicature Act 1964.
Insufficient Threshold for Leave Application

The three-member panel of judges, led by Justice Harmindar Singh Dhaliwal, determined that the application for leave to appeal did not satisfy the threshold stipulated in Section 96 of the Courts of Judicature Act 1964. This section governs the requirements for obtaining leave to appeal to the Federal Court, and the panel concluded that the grounds presented by the activists fell short of these requirements.
Precedent Case Cited by the Court

Justice Harmindar Singh Dhaliwal noted that the core issues raised by S. Sivakumar and M. Rajasegaran had already been addressed and resolved in a previous judicial matter, specifically the case of Sundra Rajoo. Consequently, the court found no merit in re-examining these arguments, as they had been canvassed and decided upon previously.
AG's Discretion and Judicial Review

The activists had sought to challenge the AG's discretion, aiming to have the decision not to charge the preachers declared invalid and void. They also sought a mandamus order to compel the AG to initiate criminal proceedings. While the court acknowledged that the AG's discretion under Article 145(3) of the Federal Constitution is not absolute and is amenable to judicial review in rare and exceptional circumstances, this principle did not aid the activists in their current application.
Prior Court of Appeal Decision

This Federal Court ruling follows a previous decision by the Court of Appeal on December 1, which also dismissed the duo's appeal. The activists' legal challenge ultimately failed to secure the necessary leave from the Federal Court to proceed with their contention against the AG's prosecutorial decision.

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What legal threshold did the activists fail to meet in their challenge?

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