Panel allows Anwar to attend hearing of appeal against EC

PUTRAJAYA: Jailed PKR defacto leader Datuk Seri Anwar Ibrahim has been allowed to be present in his appeal hearing of his civil case over his right to vote in the Permatang Pauh parliamentary by- election in May 2015.

A Court of Appeal three- man panel comprising Justices Datuk Umi Kalthum Abdul Majid, Datuk Vernon Ong Lam Kiat and Datuk Hasnah Mohammed Hashim unanimously granted his application yesterday.

Justice Umi Kalthum, who led the panel, reminded parties in that matter that the court’’s decision only pertained to Anwar’’s application before the court.

The 69-year- old Anwar, who is serving a five-year jail term at the Sungai Buloh Prison for sodomy, filed an application to challenge a court of appeal deputy registrar’’s decision to cancel an order to produce ( OTP) him at the court for his appeal.

In the proceedings today, counsel Datuk Seri Gopal Sri Ram argued that Anwar had the constitutional right to be present at the appeal hearing to hear arguments in a civil litigation to which he was a party.

He said the registrar acted unconstitutionally when she cancelled the OTP issued for Anwar to be present at the hearing of his appeal on March 28, this year.

The appeal hearing was subsequently adjourned that day following Anwar’’s request to file the application against the revocation of the OTP.

Senior federal counsel Datuk Amarjeet Singh submitted that common law principle did not state that a person who is serving jail sentence had the absolute right to attend court in a civil matter.

He said Anwar’’s right to appear in court depended on the court’’s discretion to decide whether his presence was required in court.

Anwar is appealing against a High Court decision to reject his bid for a declaration on his right to vote in the Permatang Pauh parliamentary by- election on May 7 2015.

The High Court had ruled on July 15, last year that the Election Commission ( EC) had no jurisdiction to bring him to the polling station for him to cast his vote in any election.

It ruled that a prisoner who had been registered as a voter before his conviction had the right to vote but the Election Commission ( EC) had no jurisdiction to bring him to the polling station for him to cast his vote in any election.

The High Court held that the respective prisoner had to apply to the Prisons Department director- general to make necessary arrangements to allow a prisoner to vote. — Bernama