25-11-2024 (KUALA LUMPUR) The Malaysian High Court has mandated the return of 172 Swatch timepieces from the controversial Pride Collection within 14 days, declaring their seizure by the Home Ministry as unlawful.
Justice Datuk Amarjeet Singh delivered the landmark judgment, emphasising that the May 2023 raids conducted across multiple Swatch outlets were procedurally flawed due to the absence of a proper search warrant.
“The fundamental requirement of a warrant was not met, rendering both the search and subsequent seizures illegal,” Justice Amarjeet stated in his ruling. He proceeded to quash the seizure notices through a certiorari order, though notably declined to issue a declaration regarding the watches’ status under Section 7 of the Printing Press and Publications Act 1984.
The judge highlighted a crucial temporal aspect of the case, noting that the prohibition order was issued only after the seizures had taken place. “At the time of confiscation, no existing order had been contravened by the applicant,” he explained.
While the court stopped short of awarding immediate damages, Justice Amarjeet left the door open for future claims, particularly if the watches are found to be damaged upon their return. “Experience suggests that seized items often suffer deterioration while in enforcement agency custody,” he observed.
The case stems from a series of coordinated raids conducted by the Home Ministry across eleven prominent shopping centres, including Pavilion Kuala Lumpur, One Utama, and Sunway Pyramid. Swatch Malaysia subsequently filed a judicial review in July 2023, alleging political motivations behind the seizures, particularly citing the proximity to state elections and suggesting the Home Minister was attempting to bolster Islamic credentials.
The proceedings saw Federal Counsel Mohammad Sallehuddin Md Ali representing the respondents – namely the Home Ministry chief secretary, enforcement division secretary, minister, and government – while lawyer Nizam Bashir appeared for Swatch Malaysia.