Surinder Singh Kanda v Federation of Malaya

Surinder Singh Kanda v The Government of the Federation of Malaya (1962) 28 MLJ 169 was a leading case in Malaysia.

Background

Officer Surinder Singh Kanda " was supplied with a report of the board of inquiry. The question arose whether the hearing by adjudicating officer was vitiated by Insp. Kanda not being given any opportunity of correcting or contradicting the report."[1]

Findings

Lord Denning noted, in reference to the newly established Malaysian Constitution, that

In a conflict of this kind between the existing law and the Constitution, the Constitution must prevail. The court must apply the existing law with such modifications as may be necessary to bring it into accord with the Constitution.[2]

It also defined constitutional rights

If the right to be heard is to be a real right which is worth anything, it must carry with it a right in the accused person to know the case which is made against him. He must know what evidence has been given and what statements have been made affecting him: and then he must be given a fair opportunity to correct or contradict them.[3]

References

1. Ang- vs -The Royal Malaysian Police Commission - Court of Appeals, Malaysia
2. Selangor- vs-Sagong Tasi - COURT OF APPEAL, MALAYSIA
3. DALAM MAHKAMAH PERSEKUTUAN DI KUALA LUMPUR - Malaysian Courts Of Malaysia

External links

• Legal Aid: A Facet of Equality before the Law - The International and Comparative Law Quarterly, Vol. 12, No. 4 (Oct., 1963), pp. 1133-1164
• Constitutional Problems of Malaysia - The International and Comparative Law Quarterly, Vol. 13, No. 4 (Oct., 1964), pp. 1349-1367