KUALA LUMPUR (April 15): The High Court today fixed May 31 to hear Tun Dr Mahathir Mohamad-led Parti Pejuang Tanah Air’s full judicial review application to compel the Registrar of Societies (RoS) and the home minister to register the party.
The date was fixed by Justice Datuk Ahmad Kamal Shahid following case management today with Pejuang’s lawyer Rafique Rashid Ali and senior federal counsel Ahmad Hanir Hambali for the RoS and home minister.
According to Rafique, Justice Ahmad Kamal has directed the Attorney General’s Chambers for the RoS and the minister to submit their affidavit within 14 days from today.
“The court noted that this is a public interest matter and with a certificate of urgency as well,” he said, adding that Pejuang’s pro tem secretary Datuk Amiruddin Hamzah, who is the applicant, will file the reply by May 10.
“The court instructed us to file submissions by May 27,” said the lawyer.
Amiruddin was given leave on April 1 to have Pejuang’s judicial review application be heard on its full merits.
Pejuang, through Amiruddin who is also Kubang Pasu member of Parliament, filed the legal challenge on March 1 to have the party registered.
It named the RoS and the home minister as respondents in its legal challenge.
The party sought to declare that the home minister’s failure to decide on the party’s appeal — made via a letter dated Jan 8 — for it to be registered is a violation of the RoS statutory duty under Section 18 of the Societies Act 1966.
Amiruddin is also seeking a declaration that the home minister’s violation of its statutory duty to decide on its appeal by rejecting Pejuang’s registration is against legitimate expectations of the party.
He also claimed that it is illogical and mala fide (bad intention) for the minister to violate its constitutional right to freedom of association as guaranteed under Article 10 of the Federal Constitution.
He also wants a mandamus order to compel the minister to give a decision on the party’s appeal within seven days and another mandamus order compelling the minister to direct the RoS to register Pejuang.
The party is also demanding costs of the action and other relief deemed necessary by the court.
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