Hornbill Unleashed

July 30, 2012

An interesting morning in the court

Clive Kessler

I spent an interesting morning in the courts last Friday, at the Court of Appeal in the Palace of Justice in Putrajaya.


The morning’s business, as has now been widely reported, was to hand down the decision of the three—judge panel which had heard the government’s (here meaning the former Minister of Home Affairs, Tan Sri Syed Hamid Albar) appeal against the earlier decision of High Court judge Justice Mohamad Ariff Mohd Yusof.

Through an act of judicial review in January 2010 Justice Mohamad Ariff had overturned the ban imposed in July 2008 by the former Home Affairs Minister on the book Muslim Women and the Challenge of Islamic Extremism, edited by Prof. Norani Othman of UKM and published by SIS Forum, generally known as Sisters in Islam. (more…)


July 9, 2009

MP Sivarasa granted Leave for Judicial Review

By HU Editor

In a decision delivered in Kusivarasaching High Court this afternoon, Justice Datuk Linton Albert granted leave for Sivarasa A/L K. Rasiah, to commence judicial review proceedings pursuant to his Application made in March 2009.

In his Application, the Parti Keadilan Rakyat Vice President and Subang MP Sivarasa Rasiah applied to the High Court for an Order of Certiorari to quash the decision of the First Respondent refusing the his entry into Sarawak by the issuance of the Notice of Refusal of Entry dated 14th February 2009 against the Director of Immigration Sarawak.

The Keadilan activist lawyer also asked for a declaration that the decision of the Director of Immigration to refuse his entry into Sarawak by was mala fide unlawful unreasonable and or irrational and or ultra vires the Immigration Act and Immigration Regulations, is in excess of his jurisdiction and in breach of the Applicant’s legitimate expectation to enter the State of Sarawak.

Granting leave for the Application, the High Court Judge ruled that the application is by no means frivolous and that there is clearly an arguable case which ought to be heard on a full inter parte hearing.

Mr Baru Bian and Mr See Chee How acted for Sivarasa while Senior Federal Counsel Puan Azizah Nawawi represented the Attorney-General’s Chambers

Click here for the full decision in pdf format


April 17, 2009

MP Sivarasa challenges Notice to bar him from entering Sarawak

Decision for leave for judicial review on May 15

By Ken Hu

sivarsa-014-smallThe Kuching High Court I today heard the leave application by PKR vice-President and Subang MP Sivarasa Rasiah for judicial review to quash decision of Immigration Director issuing a Notice of Refusal of Entry barring his entry to Sarawak on 14 February 2009.

In his application, Sivarasa also asked for an order of mandamus to compel the Sarawak Immigration Director to allow his entry into Sarawak.

sivarasa12The PKR vice-president, who was scheduled to conduct internal meetings for Sarawak PKR leaders in Kuching and Miri on that day, was stopped by immigration officials upon arriving at Kuching International Airport at about noontime on 14 February 2009 and was served with a notice of refusal of entry under Section 66(1) on the Immigration Act. (more…)

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