Criticism
The decision in Assa Singh has been unfavourably compared with Surinder Singh Kanda v. The Government of the Federation of Malaya, a previous case dealing with the constitutionality of a law passed before independence. The final decision in Kanda was handed down by the Judicial Committee of the Privy Council, where Lord Denning held that if pre-independence legislation was inconsistent with the Constitution, the provisions of the Constitution would supersede those of the legislation in question.
One legal scholar has said:
| “ | What was involved in Assa Singh was the question of the liberty of the subject. It was not an ordinary matter such as the power of appointment or the power of dismissal which was the issue in Kanda. The Federal Court should have made a clear distinction between a freedom right and an ordinary right just as the writ of habeas corpus has been rightly regarded as a high prerogative writ compared to an ordinary writ... It is clear that the one salient distinction which the court in Assa Singh failed to appreciate and distinguish was the fact that persons detained or restricted under the RRE are faced with the violation of their freedom for which the court should pay particular attention. | ” |
Read more about this topic: Assa Singh V. Menteri Besar Of Johore
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