Challenge against smoking ban to be heard on May 6

The High Court in Kuala Lumpur today fixed May 6 to hear the merits of the challenge brought by seven members of the Smokers' Right Club against the smoking ban imposed by the Health Ministry at all eateries since Jan 1.

Justice Azizah Nawawi fixed the date in her chambers after meeting the parties.

Lawyer Nasbal Harun, who is representing the seven individuals, told reporters that the parties had been directed to file their written submissions on the matter before the hearing date.

Senior federal counsel Shamsul Bolhassan appeared for the Health Ministry, which was named the sole respondent.

On Jan 28, the club members were granted leave by Azizah to have the merits of their application be heard fully. However, she did not grant them relief for a suspension of the ban.

The seven individuals are Mohd Hanizam Yunus, 52, Zulkifli Mohamad, 56, Mohd Laisani Dollah, 46, Mohd Sufian Awaludin, 35, Ridzuan Muhammad Noor, 52, Mohd Yazid Mohd Yunus, 48, and Yuri Azhar Abdollah, 39.

It was previously reported on Dec 31, that they had filed the challenge on the basis that the smoking ban allegedly breaches their constitutional rights, as smoking is not a criminal act, and hence, is legal.

They further claimed that, as they are paying the sin tax for the cigarettes, they are entitled to smoke at any venue.

They also said smokers have equal rights to non-smokers when they visit restaurants or other eateries.

It is claimed that the ban goes against the law and was not introduced according to procedure as no discussion had been held by the ministry with smokers.

The group said the government had neither allocated alternative venues nor instructed operators of eateries to designate a special area for smoking.

They are seeking an order of certiorari to quash the Health Ministry’s decision on the smoking ban, and a declaration that its enforcement was unconstitutional. - Mkini