Minister, gov't struck off as parties in UM4 suit

The higher education minister and the government have been struck off as parties to an originating summons filed by four Universiti Malaya students (UM4) over a disciplinary action taken against them for participating in a peaceful assembly in August last year.

Lawyer Cyrus Tiu, who represented the four students, told Malaysiakini that the decision delivered in chambers by High Court judge S Nantha Balan today was reached following a discussion with senior federal counsel Mohamad Rizal Fadzil on behalf of the minister and government.

“The plaintiffs had a discussion with Mohamad Rizal and said that if they (the two defendants) did not want to be (named) in the suit, then they can opt out. So they opted out.

“We (lawyers) went before the judge and told him that parties have discussed and they want to opt out. Then the court recorded that the two defendants are struck off as parties to this originating summons,” he said.

Tiu further said that the decision should not be construed as an admission by the plaintiffs that there was no cause of action.

Bernama, meanwhile, quoted Mohamad Rizal as saying that the minister and the government had applied to strike out the suit on the grounds that they were not involved in meting out the disciplinary action by the university against the students concerned.

Mohamad Rizal also said UM remained as defendant in the suit and the court had set April 21 to hear the case.

The students had named the higher education minister and the government as the second and third defendants, respectively, while UM was named the first defendant.

The four students named as plaintiffs are Anis Syafiqah Md Yusof, 25, in her final year at the faculty of language and linguistics, Mohamad Luqman Nul Haqim Zul Razali, 24, Muhammad Luqman Hakim Mohd Fazli, 23, and Suhail Wan Azahar, 23, of the Islamic Studies Academy.

In the originating summons filed on Dec 27, the students stated that they were found guilty of participating in the Tangkap MO1 rally in Kuala Lumpur last August.

The UM disciplinary board had on Dec 9 last year suspended Anis Syafiqah, Mohamad Luqman Nul Haqim and Muhammad Luqman Hakim - dubbed the UM4 - for one semester beginning last month.

All three were also slapped with an RM400 fine, while Suhail was only fined RM400 for participation in the rally.

They are seeking a declaration that Section 15(3)(b) of the University and University college Act 1971 and Regulation 3 and 13 of the University of Malaya (Discipline of Students) Rules 1991 do not preclude them to assemble peacefully without arms as provided by Article 10(1)(a) and (b) of the Federal Constitution.

They were also seeking a declaration that the provisions contravene the Federal Constitution to the extent that they regulate the conduct of students enrolled in a university outside the campus.

In a related development, student activist Asheeq Ali Sethi Alivi today said the High Court has allowed his application for his law suit against UKM and the government to be transferred and heard together with the lawsuit filed by UM4.

“The application (to transfer) was made on grounds that both law suits contested on similar matters.

“The case will now be transferred to be heard together with the UM4 before Justice Nantha Balan,” said Asyeeq who was represented by lawyer Surendra Ananth.

He added that the decision was delivered by Justice Hanipah Farikullah and the new hearing date has yet to be set.- Mkini