July 14 ruling on application by cartoonist

Zunar seeking review of the ban imposed on two of his books by the home minister.

KUALA LUMPUR: The High Court here has set July 14 to decide on a judicial review application on the ban imposed by the home minister on two books by cartoonist Zunar.

Judge Rohana Yusuf set the date upon hearing submissions from counsel K Shanmuga, representing MKINI Dotcom Sdn Bhd and publishing company Sepakat Efektif Sdn Bhd, and senior federal counsel Noorhisham Ismail who acted for the respondents, the home minister and his deputy.

Noorhisham submitted that the order by the minister was not illegal and not irrational, and that the allegations against the government would prejudice public trust in the enforcement, leaders and the judicial system.

“The exercise of discretion under Section 7 of the Printing Presses and Publications Act 1984 (PPPA) is based on subjective satisfaction of the minister. It is humbly submitted that this subjective satisfaction by the minister relating to national security and public order cannot be reviewed by the courts,” he said.

Shanmuga countered that the order was illegal as it was ultra vires with regard to Section 7 of the PPPA since the books were not publications contrary to public order but merely satirical cartoons dealing with matters of public interest.

“The ban is clearly not to preserve public order but rather to prevent satire of the way in which politicians are conducting their affairs in Malaysia, and as such, inconsistent with the right to free speech enshrined in Article 10(1)(a) of the Federal Constitution,” he said.

He also said that no opportunity to be heard was given to the applicant before the order was made and no reason was given when the respondent made the order.

On Oct 8 last year, the High Court granted MKINI Dotcom, which operates the Malaysiakini news portal, and Sepakat Efektif, on behalf of cartoonist Zulkiflee SM Anwarul Haque or Zunar, leave to challenge the ban on the two books – “1Funny Malaysia” and “Perak Darul Kartun”.

In its application filed on July 26 last year, MKINI Dotcom said the English version, “1 Funny Malaysia”, published by Malaysiakini in November 2009 and featured in the Malaysiakini website from October 2006 to November 2009, was a compilation of cartoons by Zunar containing political satire on Malaysian politics and governance.

In a separate application filed on the same day, Sepakat Efektif said the Malay version book, “Perak Darul Kartun”, was published in November 2009 and featured political cartoons of many different artists led by Zunar.

They said that the deputy home minister, on behalf of the home minister, had on May 25, 2010, issued an order prohibiting the printing, production, sale, distribution or possession of the two books on grounds that they were prejudicial to public order.

MKINI contended that the cartoons in the books had been published in the website for over two years and that the books were in circulation for three months before the seizure.

Sepakat Efektif said the “Perak Darul Kartun” book had been in circulation for about six months since November 2009 and there were no reports received by the company at all of any threat to public order caused by the book.

The two want a declaration that the ban on the two books is null and void, saying it contravenes Section 7 of PPPA 1984 and Articles 5 and 8 of the Federal Constitution.

- Bernama