Putrajaya, Oct 31 – The Court of Appeal here Wednesday upheld the High Court’s decision in allowing a judicial review application by Mkini Dotcom Sdn Bhd, the owner of the ‘Malaysiakini’ news website, to quash the Home Ministry’s decision to reject its permit application to start a newspaper.
A three-member panel chaired by Justice Datuk Alizatul Khair Othman unanimously dismissed the appeal after hearing submissions from all parties.
“We are in agreement with the High Court judge,” said Judge Alizatul.
The appellants, the Home Ministry secretary-general and government were appealing against the High Court decision in 2012 which allowed the judicial review application by the company.
The other two judges on the panel were Justices Datuk Anantham Kasinather and Justice Datuk Varughese George.
Following the Court of Appeal’s ruling, lawyer K. Shanmuga, representing Malaysiakini, told reporters later that Mkini Dotcom could apply again for a publishing permit to the Home Ministry.
In the proceedings, Senior Federal Counsel Norhisham Ismail, who acted for the appellants, submitted that the High Court judge may have not considered the reasons given by the minister in the affidavit, which included a need to control the publication of newspapers as there were a lot in the market.
He said the minister also gave reasons why the ministry was not allowing the permit and stated that Malaysiakini.com tended to highlight sensitive and controversial news through its website.
Meanwhile, lawyer Shanmuga submitted that the home minister cannot limit Malaysiakini’s right to publication just because it wants to limit competition among newspapers.
He said the minister, not giving any reason for rejecting Mkini Dotcom’s application for a publishing permit could be a subject of judicial review.
“The minister, in giving reasons only in the affidavit, had said they want to ensure there would not be too many newspapers for the public.
“They say that there are already 75 newspapers and they do not want to crowd the market as this would affect the profitability of newspapers and people would be confused when there are so many different versions of a story,” said Shanmuga.
– Bernama
