May 11, 2012
No Permit to Malaysiakini 'unconstitutional'
by Hafiz Yatim@www.malaysiakini.com
The preference by the Home Ministry not to give the edition assent to Mkini Dotcom Sdn Bhd to tell the headlines in the form of the journal is unconstitutional as it violates leisure of countenance as well as is additionally opposite the laws of natural justice.
Lawyer K Shanmuga, who appeared for Mkini Dotcom, the owners of headlines portal Malaysiakini, submitted to the Kuala Lumpur High Court that the senior manager as well as the government contingency be satisfactory in the approach as this is stable under Article 8(1) of the Federal Constitution per equality before the law.
He pronounced there was nothing wrong in giving the assent to the headlines portal, that had won countless awards internationally as well as locally, as it is not deliberate the threat to the nation.
"The preference by the Secretary-General of the Home Ministry to reject giving the assent is additionally the limitation over the leisure of the press, that has long been recognised by the common law as the breach of the insurance of giveaway speech.
It additionally violates the leisure of countenance of the reporters operative in Malaysiakini as they had collectively won countless awards. A judgment in India pronounced the journal attention enjoys dual of the elemental rights namely leisure of speech as well as expression," submitted Shanmuga.
Also looming with Shanmuga are lawyers Edmund Bon as well as Aston Paiva.
Mkini Dotcom has applied for the judicial examination after the application for the edition assent under Section 6(1)(a) of the Printing Presses as well as Publications Act 1984 through the arch senior manager military officer Premesh Chandran (righ! t) was not considered by the Home Ministry in the letter dated August 19, 2010.
The association pronounced the journal would be distributed in the Klang hollow with the circulation of 40,000 during RM1 any as well as would report upon stream events together with political issues, openly as well as independently.
Premesh submitted the application for the assent upon interest of Mkini Dotcom upon Apr 14, 2010.
Shanmuga: Present newspapers significantly owned by BN
It claimed that the Ministry's preference not to give the assent was undiscerning as well as without logic as the person submitting application as the media association had won countless international awards as well as accolades without the single prosecution instituted opposite it.
"Hence it is not in any approach the threat to public order, security or morality," pronounced Shanmuga. Shanmuga in his acquiescence serve pronounced benefaction newspapers similar to Utusan Malaysia as well as New Straits Times Press (M) Bhd are significantly owned by the Barisan Nasional that forms the Federal Government.
"It is pronounced that UMNO that is the main partner in BN owns some-more than 40 percent of shares in Utusan Malaysia as well as additionally NSTP. This was disclosed during the offer to unify Utusan Malaysia as well as the NSTP papers," he said.
"The Home Ministry has additionally postulated the journal assent to the non-governmental organisation, Pertubuhan Pribumi Perkasa Malaysia (PERKASA), as it allowed the announcement of Suara Perkasa that is understanding of the Minister's party (UMNO) as well as the Malaysian government's policies, despite PERKASA bearing secular prejudices as well as inciting intolerance, it has not been reprimanded," pronounced Shanmuga.
Shanmuga pronounced in this box the Deputy Home Minister did not give any reason for the preferen! ce to no t grant the assent as well as the preference affects Mkini Dotcom's as well as the employees' inherent right to speech as well as expression.
"Hence, the court should stifle the minister's preference as it lacks procedural fairness as well as violates the laws of natural justice," he said. He serve submitted that when public authorities are called upon to have decisions inspiring elemental liberties of citizens, it contingency act fairly, as well as afford reasons for their decisions.
"The preference has an impact upon public life as it would outcome in the stifling of the nation's public debate, limitation to the giveaway flow of information as well as ideas to citizens, the stultifying of the Malaysian approved framework as well as the corner of control of information as well as ideas in the country."
Following this, Shanmuga pronounced the association has applied for the judicial examination application. Senior Federal counsel Norhisham Ismail pronounced he will have his acquiescence upon three points namely the assent is not an involuntary right but the outcome of payoff by the government, the inherent challenge was not proper as well as there was judicious reasoning to the decision.
However, High Court judge Abang Iskandar Abang Hashim asked Norhisham to submit serve upon May 24 as time was approaching for Friday prayers.
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