The High Court in Penang today disallowed the state government leave to file a judicial review to challenge claims by federal government that the state's voluntary patrol unit (PPS) is illegal.

The lawyer representing the Penang government, Quah Su Enn, said judicial commissioner Collin Lawrence Sequerah rejected the state's application for the review.

Quah declined to reveal the grounds for rejection of the application.

"We will only receive the written grounds next week," she told reporters outside the court.

Quah also could not confirm whether the state would appeal the case.

Accompanying Quah was former PPS chief A Manikam ( photo ).

On Jan 27, the Penang government filed for a judicial review to challenge the claim of illegality thrown at the Voluntary Patrol Unit (PPS) by the federal government.

Political victim of BN-led government

In its 10-point review application, the PPS decried itself as a “political victim” of the BN-led federal government.

The claims came after the police arrested 158 PPS members, including several MPs and assemblypersons, for taking part in the Merdeka parade last year.

The Home Ministry, inspector-general of police Khalid Abu Bakar ( photo ) and the Malaysian government were named as respondents in the suit.

Penang is seeking a declaration that the PPS was legally established by the state government, based on Section 101 (v) of the Local Government Act 1976, and that PPS is not a society as per the 1966 Societies Act.

The application also seeks an order of certiorari to overturn the Home Ministry’s declaration on Nov 3 last year that PPS is an “illegal” organisation.

When contacted, Penang executive councillor in charge of the PPS outfit, Phee Boon Poh, said he was "disappointed" with the High Court decision.

Phee said the PPS was set up under his portfolio in the state administration after consultation with all state and federal agencies within the state.

"We will consult our lawyers and state legal adviser before we decide the next course of action.

"On whether we will appeal the case, we will refer to the state executive council for a decision to move forward," he said via a WhatsApp message from Moscow.

Phee, who is Sungai Puyu assemblyperson, was also arrested and detained overnight at the Northeast District police headquarters on Jalan Pattani for allegedly participating in an illegal organisation.

Later this afternoon, Chief Minister Lim Guan Eng said the state government was surprised by the High Court decision to disallow leave without hearing the merits of the case.

"I have instructed the Penang government lawyers, Ambiga Sreenevasan and MP for Puching Gobind Singh Deo, to file an appeal soonest possible," Lim said in a statement.

"The Penang government maintains that PPS was properly constituted and had cooperated with all the relevant authorities, including the police, to conduct community policing to assist the force in reducing crime," he added.

"For three years, there were no problems until the PPS was demonised by some BN supporters, who were then seen in the notorious, racist red shirt rally on Sept 16," Lim added.

The red shirt rally by several Malay rights NGOs was held in Kuala Lumpur on Malaysia Day to counter the mammoth Bersih 4 rally of Aug 29-30, which, among others, called for Prime Minister Najib Abdul Razak's resignation over the alleged 1MDB financial scandal and the RM2.6 billion 'donation' in his private bank accounts.