Tony Pua’s travel ban challenge fizzles out

Source: FMT News

Tony Pua-Pic drawn from FMT News

PUTRAJAYA: Petaling Jaya Utara MP Tony Pua’s challenge against the decision of the Immigration Department director-general to impose a travel ban has come to an end.

This follows today’s Federal Court ruling that dismissed his application for leave to appeal.

“The law is settled in Loh Wai Kong’s case, as decided by (the then Lord President) Mohamed Suffian Mohamed Hashim,” said Chief Justice Raus Sharif, who chaired a three-man panel.

Loh had sought a ruling that Malaysian citizens are entitled to travel overseas as a fundamental right under Article 5 of the Federal Constitution.

However, the Federal Court bench, led by Suffian, held in 1979 that the right to personal liberty under Article 5 was only to challenge the authorities for any unlawful detention. Read more

Anwar’s legal challenge on National Security Council Act dismissed

Source: FMT News

PUTRAJAYA: The Court of Appeal today dismissed opposition leader Anwar Ibrahim’s appeal to declare the National Security Council (NSC) Act as unconstitutional.

A three-man bench chaired by Rohana Yusuf said Anwar should have gone straight to the Federal Court as he was challenging the competency of Parliament to pass the law.

The ruling affirmed the decision of the Kuala Lumpur High Court in October last year.

Justice Hanipah Farikullah threw out the case as the High Court lacked jurisdiction to hear the matter.

Lawyer Gopal Sri Ram, who represented Anwar, today submitted that the NSC Act was unconstitutional for two reasons. Read more

Apex court rules out exemplary damages for death in lock-up cases

Source: FMT News

PUTRAJAYA: The Federal Court, in a majority decision, today held that the families of persons who die in custody are not entitled to exemplary damages for a breach of a constitutional right.

Justice Zaharah Ibrahim said the Federal Constitution did not give the Malaysian courts the same power as other jurisdictions.

In the cases of Romanoop (Trinidad and Tobago) and Merson (Bahamas), the constitutions of both countries allowed aggrieved parties to make claims for exemplary damages for breach of constitutional right.

“As our constitution does not have provisions similar to those utilised in Ramanoop and Merson, a claimant has to look elsewhere for redress,” said Zaharah in allowing the government’s appeal against the next of kin of three deceased persons. Read more