Zunar applies to pose questions of law in travel ban challenge

Cartoonist Zunar has applied to the Kuala Lumpur High Court today to refer four questions of law to the Federal Court in his challenge against the travel ban.

Zunar's lawyer, former Federal Court judge Gopal Sri Ram, said the Loh Wai Kong case (1978) used as a precedent here, was wrongly decided and should be declared null and void by the Federal Court.

In the Loh Wai Kong case, it was argued that “personal liberty” should encompass the right to “cross frontiers".

Sri Ram argued that since the apex court had no jurisdiction to entertain an appeal from a winning party in that case – the government – then the present case can be referred to the Federal Court.

“Following this, I am raising Section 84 of the Courts of Judicature Act 1964 to refer these questions to the Federal Court,” he told Justice Azizah Nawawi, who presided the case.

Sri Ram also said that these questions were not raised during Petaling Jaya Utara MP Tony Pua's appeal over his travel ban at the Federal Court.

Meanwhile, senior federal counsel Shamsul Bolhassan, who appeared for the Immigration Department director-general, the Home Ministry and the government, said the High Court itself has the jurisdiction to decide on the questions posed.

The four questions of law are:

• Whether the decision by the Government of Malaysia vs Loh Wai Kong is null and void and of no effect as having been decided without jurisdiction and therefore is not in accordance with Article 121 of the Federal Constitution read with Section 67 of the CJA, when the aforesaid decision was made.
   
• Whether Section 59 of the Immigration Act 1959 violates Article 5(1) of the Federal Constitution with regard to the decision of the Privy Council in Ong Ah Chuan vs Public Prosecutor.
   
• Whether Section 59A of the Immigration Act (revised 1975) violates Article 5(1) of the Federal Constitution, in that it impedes access to justice guaranteed by that article.
   
• Whether the decision of the Sabah Authority vs Sugumar Balakrishnan is unconstitutional in that it was decided in violation of the provisions of Article 5(1) of the Constitution, in particular following the decision in Loh Wai Kong's case in denying access to justice.

Zunar, whose real name is Zulkiflee Anwar Haque, told reporters after the proceeding that his travel ban is still in place.

He added that he has received an invite to be in the United Kingdom, and has written to the police to lift the ban.

The cartoonist was granted permission to initiate his challenge over the travel ban last April.

The challenge was filed in December last year, after Zunar found out about the ban just as he was about to board a flight to Singapore to attend a forum.

Justice Azizah said she will deliver her decision on Nov 28 over the application.- Mkini