Pakatan Harapan lawmaker Hassan Abdul Karim has called on the government to effect Friday's court ruling on liquid and gel nicotine by reinstating the products on the poisons list.
He said Putrajaya should respect the Kuala Lumpur High Court's decision, which found the government, through its Health Ministry, had acted illegally, irrationally, and without proper consultation with the Poisons Board when it delisted the products in 2023.
"If the Madani government is truly a rational administration and does not put financial consideration above public health, then it should respect the High Court's decision on the judicial review.
"A rational and responsible move for the government would be to leave the ruling and not file an appeal against it," Hassan said in a statement to Malaysiakini.
The Pasir Gudang MP also praised High Court judge Aliza Sulaiman's judgment on the case, which he regarded as accurate and sound in terms of law and evidence.
"Do not appeal against the decision; instead, execute the court order so liquid nicotine can be placed on the poisons list again."
According to Hassan, the court's decision also validated the concerns that he and other MPs had raised in Parliament three years ago.
Lawyer Salim Bashir said the government may be forced to stop imposing tax on vape liquids containing nicotine following the court ruling.
However, he pointed out that the decision can still be subject to an appeal at a higher court.
"The ruling marks a significant victory for public interest groups in challenging unreasonable and irrational ministerial orders without proper studies and effective consultations with rightful bodies, including the Poisons Board, and inevitably have acted ultra vires of Section 6 of the Poisons Act," he told Malaysiakini.
Court allows judicial review
On Friday, the court allowed a judicial review filed by three NGOs against the then health minister Dr Zaliha Mustafa and the government over their 2023 move to delist liquid and gel nicotine products as controlled items under the Poisons Act.
Voice of Children, the Malaysian Council for Tobacco Control and the Malaysian Green Lung Association filed the legal challenge in July 2023.
Following this, Zaliha said on Saturday that she had been informed that the Health Ministry would challenge the High Court decision at the Court of Appeal.
In her Facebook post, the Sekijang MP also defended her 2023 decision, saying it was a critical move aimed at pulling the vape industry out of the black market so it can be regulated and taxed. - Mkini
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