Cop’s dismissal for committing khalwat valid, rules court

2026-03-08 - 23:44

The Alor Setar High Court has upheld the summary dismissal of a policeman following his criminal conviction for khalwat by a shariah court. PETALING JAYA: The High Court in Alor Setar has upheld the dismissal of a policeman for committing khalwat (close proximity) five years ago, ruling that all elements of procedural fairness were observed in the disciplinary process. Justice Johan Lee found that the respondents — the federal government, the Royal Malaysian Police, its disciplinary board, the inspector-general of police, and the Kedah police chief — had strictly complied with the Public Officers (Conduct and Discipline) Regulations 1993. “The decision to dismiss the applicant was a direct and lawful consequence of a valid criminal conviction, evaluated alongside his service record. “The applicant has failed to demonstrate any illegality, irrationality, or procedural impropriety that would invite or justify the supervisory intervention of this court,” Johan said in his 34-page judgment. The applicant, a lance corporal serving at the Pokok Sena police station, was arrested for khalwat with a woman on Sept 23, 2021. He pleaded guilty under Section 25(a) of the Kedah Shariah Criminal Offences Enactment 2014 and was fined RM2,500. He was suspended from duty and later dismissed by the police disciplinary board effective Sept 19, 2023. The applicant sought judicial review, arguing that the dismissal violated Article 135(2) of the Federal Constitution, which guarantees public servants a reasonable opportunity to be heard. He claimed the punishment was excessive, noting that he had paid the fine and subsequently married the woman involved. He also contended that the board had failed to consider his disciplinary record before deciding on the penalty. In rejecting these arguments, Johan said the applicant could not claim he was denied natural justice, as he had already pleaded guilty in the shariah court. “The board merely acted upon the uncontroverted fact of this conviction, which was entirely lawful and procedurally sound,” he said. Johan added that there was no statutory requirement under the 1993 Regulations for the board to conduct an oral hearing or issue a show-cause letter before deciding on punishment for a convicted officer. Regulation 33(1), he said, explicitly requires the disciplinary authority to evaluate the court’s decision, the department head’s recommendation, and the officer’s service record before imposing a penalty. He stressed that the police force was entitled to demand the highest standards of discipline, morality and integrity from its personnel. “The applicant’s conviction for a shariah criminal offence is a serious transgression that inherently tarnishes the image and compromises the integrity of the public service,” Johan said.