Bersih co-chairperson Ambiga Sreneevasan today reached a dead end in her bid to challenge an entry ban to Sarawak, as her leave appeal for a judicial review was rejected by the Federal Court.
Her application was unanimously rejected by a five-person bench consisting of Ahmad Zulkifli Makinuddin, Abdull Hamid Embong, Suriyadi Halim Omar, Ahmad Maarop and Zaleha Zahari.
According to Ambiga, the court dismissed her appeal after ruling that she should have filed her application at the High Court of Sabah and Sarawak.
The court also found that she had failed to meet the requirements under Section 96 of the Courts of Judicature Act 1964.
Her application was unanimously rejected by a five-person bench consisting of Ahmad Zulkifli Makinuddin, Abdull Hamid Embong, Suriyadi Halim Omar, Ahmad Maarop and Zaleha Zahari.According to Ambiga, the court dismissed her appeal after ruling that she should have filed her application at the High Court of Sabah and Sarawak.
The court also found that she had failed to meet the requirements under Section 96 of the Courts of Judicature Act 1964.
She was also instructed to pay costs of RM5,000 to the Attorney-General’s Chambers and another RM5,000 to the Sarawak Attorney-General’s Chambers.
“Both the attorney-general and the attorney-general of Sarawak had sought RM10,000 each but the court granted them RM5,000 (respectively),” Ambiga said when contacted.
“Neither the High Court nor the Court of Appeal ordered for costs to be paid. I am a lone litigant and a taxpaying citizen.”
“Both the attorney-general and the attorney-general of Sarawak had sought RM10,000 each but the court granted them RM5,000 (respectively),” Ambiga said when contacted.
“Neither the High Court nor the Court of Appeal ordered for costs to be paid. I am a lone litigant and a taxpaying citizen.”
Ban on entering Sarawak not taken into account
The former Bar Council president added that the court did not take into account the fact that she is barred from entering Sarawak and so was “handicapped” against filing the case there.
“I would not be able to see my lawyers there and attend proceedings in court. The court should have taken this into account, (that) a litigant cannot listen to his or her own case,” she said.
She said that in dismissing her appeal, the judiciary had “missed an opportunity” to review the different provisions that govern the travel of citizens born in West Malaysia to Sabah and Sarawak.
“It’s a pity they didn’t use the opportunity to resolve this issue,” she said.
She filed the appeal first at the Court of Appeal when the High Court refused to grant her permission to challenge the entry ban.
Ambiga was barred from entering Sarawak during the polls campaign period in April last year. She had planned to be there to monitor the polls as part of the NGO coalition for clean and fair elections.
Commenting further, she said she also felt “discriminated” against, as others from Bersih, as well as politicians from across the spectrum from West Malaysia were allowed into the state during the election period.
“Now it is too late to challenge the case in Sarawak. It’s the end of the road... This means no Rainforest Music Festival or Mulu Caves for me for now.
“I will have to see if the ban will be lifted, but the only way to find out is to try to enter again,” she said.
She also thanked her lawyers Tommy Thomas and James Khong for their services, which they had rendered free of charge.
“I would not be able to see my lawyers there and attend proceedings in court. The court should have taken this into account, (that) a litigant cannot listen to his or her own case,” she said.
She said that in dismissing her appeal, the judiciary had “missed an opportunity” to review the different provisions that govern the travel of citizens born in West Malaysia to Sabah and Sarawak.
“It’s a pity they didn’t use the opportunity to resolve this issue,” she said. She filed the appeal first at the Court of Appeal when the High Court refused to grant her permission to challenge the entry ban.
Ambiga was barred from entering Sarawak during the polls campaign period in April last year. She had planned to be there to monitor the polls as part of the NGO coalition for clean and fair elections.
Commenting further, she said she also felt “discriminated” against, as others from Bersih, as well as politicians from across the spectrum from West Malaysia were allowed into the state during the election period.
“Now it is too late to challenge the case in Sarawak. It’s the end of the road... This means no Rainforest Music Festival or Mulu Caves for me for now.
“I will have to see if the ban will be lifted, but the only way to find out is to try to enter again,” she said.
She also thanked her lawyers Tommy Thomas and James Khong for their services, which they had rendered free of charge.
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