PUTRAJAYA – The Federal Court today dismissed an appeal brought by a homeowner and his tenant who sought to declare illegal a gated and guarded community security scheme operated by a residents’ association in Bangsar Park.
Ranjan Paramalingam and Jude Micory Lobijin’s appeal was dismissed by a three-member panel comprising Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Seri Hasnah Mohammed Hashim and Datuk Rhodzariah Bujang.
The court also ordered the duo to pay RM70,000 in legal costs to the Bangsar Park Residents’ Association (BPRA).
In the court’s unanimous decision, Tengku Maimun said the court found no compelling reason to disturb the findings of the high court and Court of Appeal in the case.
“We decline to answer the questions (of law) posed,” she said when delivering the court’s decision.
The high court had dismissed Ranjan and Lobijin’s suit against BPRA on January 26, 2021, while the Court of Appeal upheld this decision on June 28 last year.
In their appeal, the duo sought for the Federal Court to decide four questions of law in their favour.
Among the questions were whether the gated and guarded community scheme run in public areas, including roads and facilities, without positive legislative provisions permitting such a scheme were illegal and unconstitutional in the light of the Federal Court decision in the case of the Home Ministry and others v the Penang government.
Another question was whether BPRA and its agents are forbidden by personal data law and identity card legislation from collecting the personal data of people entering public roads and areas covered by their gated and guarded scheme.
Ranjan, who owns a house in the area, and Lobijin, the tenant of the property, filed a suit claiming that Kuala Lumpur City Hall had approved a guarded neighbourhood scheme with one of the conditions that permanent lock barriers or boom gates were not allowed to be erected.
The duo claimed that BPRA, however, had implemented a gated and guarded community scheme instead and set up permanent barriers and boom gates in the Bangsar Park area causing obstruction on all public roads. This, they said, had caused public and private nuisance.
They also claimed that there was a breach of the Personal Data Protection Act 2010 by BPRA as security guards at the guard post would ask for personal identification documents such as identity cards, driving licences, or passports before visitors were allowed to enter the area.
Ranjan and Lobijin were represented by lawyer Datuk Bastian Vendargon, while BPRA was represented by lawyer Fahri Azzat. – Bernama, May 9, 2023
