Apex court dismisses Zahid's bid for return of passport

Umno president Ahmad Zahid Hamidi has failed to get his passport returned temporarily to perform the umrah during this fasting month.

This after the Federal Court today dismissed his appeal against a Kuala Lumpur High Court decision, where the latter had turned down his application to obtain his travel documents.

In a unanimous decision, a five-person bench led by Justice Azahar Mohamed ruled that the High Court had applied correct principles when dismissing Zahid's application for the return of his passport.

"In our judgement, the High Court had applied the correct principles in the dismissal of the application (by Zahid).

"We agree with the learned judge's decision. We find no good reason to interfere with the decision. Thus, we dismiss the appeal," the judge said.

Other judges in the panel were Alizatul Khair Osman Khairuddin, Abang Iskandar Abang Hashim, Idrus Harun, and P Nallini.

Prior to arriving at their decision, the judges heard from Zahid's legal counsels led by Hisyam Teh Poh Teik that they believed that the High Court did not make its decision judiciously when dismissing his application.

They also claimed that the High Court, which was presided by judge Collin Lawrence Sequerah, only weighed on the seriousness of charges pressed against Zahid.

Zahid's lawyers, who represented him today while he was absent to attend the funeral of Sultan Ahmad Shah of Pahang, also submitted to the court his flight tickets to perform the umrah as evidence that he made the application in good faith.

However, this was refuted by deputy prosecutors led by Ahmad Sazlee Abdul Khairi, who argued that Justice Collin had clearly stated in his judgement that the High Court did not only look at the seriousness of Zahid's charges to arrive at the decision.

Sazlee also told the court that arguments submitted by Zahid's counsel in the courts, including his flight tickets to perform the umrah, were not exhibited in his affidavits.

Zahid, who is facing a total of 47 criminal charges of criminal breach of trust, money laundering and corruption, had applied to the High Court to get his passport back so that he could apply for a visa to perform umrah.

In his application, Zahid cited that performing umrah during the fasting month of Ramadan had been an annual event for him since the past 30 years.

However, after hearing the application, High Court judge Collin Lawrence Sequerah held that the performance of the umrah, although highly recommended during the fasting month, was not compulsory.

The politician then made his first appeal against the decision at the Appellate Court, which on May 14 heard from Zahid that he intended to perform Umrah as he had made a 'nazar' (vow) to do it.

A panel of three Court of Appeal judges had then made a unanimous decision to dismiss the application, which prompted Zahid to escalate his appeal to the apex court.

With the decision today, it is understood that Zahid would not be getting the passport to perform the umrah for this Ramadan as he has exhausted the legal process to appeal against the High Court's decision. - Mkini