PJ Utara MP loses legal challenge against previous travel ban

PUTRAJAYA: The legal challenge against the travel ban imposed on Petaling Jaya Utara MP Tony Pua was dismissed on grounds of it being settled law.

Chief Justice Md Raus Sharif denied Pua’s leave to appeal before the Federal Court, saying the questions of law raised regarding Article 5 of the Federal Constitution, which enshrines personal liberty, had already been addressed.

In the case of “Government of Malaysia & Others vs Loh Wai Kong [1979]”, a previous Federal Court panel had ruled Article 5 does not confer citizens a fundamental right to travel overseas.

It was found that “personal liberty” in Article 5 protects a person from unlawful detention, though the Government still has discretion to stop a person from leaving the country if it gives a valid reason.

In the case of Pua, the ban was reportedly due to an investigation against him over the potential crime of activities detrimental to Parliamentary Democracy.

Yesterday’s panel, which also included Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Justice Balia Yusof Wahi, made no order as to cost.

Pua, who was also DAP national publicity secretary, was represent- ed by lawyer Gobind Singh Deo, while Senior Federal Counsel Shamsul Bolhassan acted for the respondent.

Pua was appealing against a High Court and subsequent Court of Appeal dismissal of his judicial review application challenging the Immigration Department director-general’s decision to ban him from travelling abroad.

In the application, Pua claimed he was prevented from leaving the country at KL International Airport 2 on July 2, 2015.

He claimed he was supposed to leave for Yogyakarta, Indonesia, using his passport, which was valid until April 23, 2020.

He said the decision was ineffective under the law as it was in contradiction to his legitimate right to travel abroad using his valid passport.

However, the ban had since been lifted in October 2016.