KUALA LUMPUR: The High Court has ordered the return of 172 watches purportedly promoted the lesbian, gay, bisexual and transgender (LGBT) community to be returned to Swatch Malaysia within 14-days from today.
Judge Datuk Amarjeet Singh ruled that the raid conducted by the Home Ministry on the Pride Collection in May last year was illegal as it was made without a warrant.
"In the instant case, the search was made without a warrant and therefore, the search is illegal. And therefore, any seizures made as stated in the notices of seizure is illegal.
"Therefore, the certiorari order is granted to quash the notices of seizure," he said.
"In this case the watches meet the requirement of Section 7 of the Printing Press and Publications Act 1984. Therefore, the declaration (sought by Swatch that it is not an undesirable publication) that it does not meet the requirements is not granted," Amarjeet added.
The judge said that the prohibition in this instant case was issued after the seizure. Therefore, at the time of the seizure, the applicant did not contravene any order.
"As a consequence, an order is made that all the watches seized are to be returned within 14 days of the date of this order," he said in his decision.
Amarjeet, however, did not make an order on damages.
"But, I would say this the instant suit does not meet the requirement for exemplary or aggravated damages to be granted," he said.
Amarjeet, however, said upon recipient of the watches, Swatch Malaysia is at liberty to apply for damages.
"This is if the watches are in any way, damaged. For some reason, whenever seizures are made by the enforcement agencies, whatever things that are seized tend to be damaged," he said.
In July last year, the watch company filed a judicial review to challenge the seizure and named the Home Ministry chief secretary, its enforcement division secretary, its minister, and the government as the respondents.
The company had said that the seizure was done for improper political motives due to the then upcoming state elections.
It further claimed that the Home Minister was seeking to show his 'Islamic' credentials for political purposes.
In today's proceedings, all respondents were represented by Federal Counsel Mohammad Sallehuddin Md Ali while lawyer Nizam Bashir acted for Swatch Malaysia.
In May last year, the Home Ministry had conducted a two-day raid at Swatch boutiques at in Pavilion Kuala Lumpur, One Utama, Sunway Pyramid, Setia City Mall, Mid Valley Megamall, Southkey, Sunway Putra Mall, Sogo KL, Queensbay, Fahrenheit 88 and Suria Sabah.