Jawi script on signboards doesn’t infringe constitution, appeals court rules

 

An advertisement in Jawi on a pedestrian bridge in Kuantan. Two businessmen had sought an order to revoke the municipal council’s direction requiring businesses to use Jawi on signboards at their premises. (Bernama pic)

PUTRAJAYA: The Court of Appeal has rejected the appeal of two Kuantan businessmen over the usage of Jawi on signboards at their premises.

In a unanimous decision, a three-member panel chaired by Justice Yaacob Sam ruled that there was no irrationality, unreasonableness or unlawfulness in the directive by the state authority requiring the use of Jawi on signages of business premises.

“The policy did not infringe Article 5 or Article 8 of the Federal Constitution.

“Thus, we dismiss the appeal of the appellants. The order of the High Court is affirmed. As this was a matter that involved public interest, (we make) no order as to costs,” said the judge via online proceedings.

The other two judges on the bench were Justices Ravinthran Paramaguru and Nazlan Ghazali.

The businessmen, Jehan Abdullah and Dana Palan Arunachalam, were appealing against the Kuantan High Court’s decision on Aug 5, 2021, which ruled that they had no locus standi to bring legal action because they merely held a business licence but did not own the business premises.

The High Court had also noted that the Jawi script can be used in Bahasa Melayu, and therefore constitutes part of the national language.

Initially, Jehan and Dana Palan were also joined by Phang Long Yen in their judicial review application against the Kuantan Municipal Council and the Pahang government in 2020.

However, Phang has since passed away, and was not a party to today’s appeal.

The businessmen had sought an order to revoke the Kuantan Municipal Council’s direction contained in an April 2019 letter requiring businesses to use Jawi on signboards at their premises.

They also sought an order to quash the state executive council’s decision on March 1, 2018 directing the use of Jawi.

They also wanted a declaration that Section 107(2) of the Local Government Act 1976 violated Article 8 of the Federal Constitution which states that everyone is equal before the law.

Section 107(2) provides that every licence or permit granted shall be subject to conditions and restrictions, as the local authority may think fit, and shall be revocable at any time without giving a reason.

It was reported that the Pahang state government decided in 2018 that all business premises and road signs would use the script in an effort to uplift the use of Jawi.

Those who refuse or fail to use the Jawi script on their signboards can be fined up to RM250 and have their business licences revoked. - FMT