The Kuala Lumpur High Court today heard that two books by cartoonist Zulkiflee Anwar Ulhaq were banned by the Home Ministry because they contain "terrible accusations" which could lead to public disorder.

azlan In his submission on the judicial review application by the cartoonist popularly known as Zunar against the Home Ministry, federal counsel Noor Hisham Ismail said the books are also seen as an "extreme insult to national leadership".

"The conclusion by the (home) minister is that the content of the cartoons (was) terrible accusation (and) extreme insult to national leaders including the judiciary

"The books can't cause public disturbance but there is potential that the people who read it could be likely (influenced).”

He added the minister is satisfied that the book has "tendency to (cause) hatred and excite disaffection" towards national leaders, the judiciary and enforcement agencies.

Noor Hisham is representing respondents Home Minister Hishammuddin Hussein and his deputy Abu Seman Yusuf in a judicial review of the ban imposed on ‘1Funny Malaysia’ and ‘Perak Darul Kartun’.

The application was filed on July 26, 2010 by Zunar and publishers Mkini Dot Com Sdn Bhd and Sepakat Efektif Sdn Bhd.

Both books were banned in November 2009.

Noor Hisham also submitted that there is no room for a judicial review as the court does not have the right to examine or challenge the minister’s “satisfaction that the books are prejudicial to public order”.

“If the matter rests solely on the subjective decision of the minister... and involves opinion and policy then the court should not review the decision.

“It seems apparent that when it comes to issues of national security and public order the court cannot intervene by way of a judicial review as it involves policy considerations,” he said, citing case law.

He argued that the court can decide on whether the process of decision-making was correct, but not whether the decision was right or wrong and that would mean “stepping into the shoes of the decision-maker”.

He also submitted that the right to be heard is not applicable in cases involving public order and national security.

Public order or politicians’ reputation?

K Shanmuga, representing the plaintiffs, submitted that in the book ban notice, the minister stated that the books were banned because they are “prejudicial to public order” and not “likely to be prejudicial”.

“It might be worth recalling that the books in question were in publication for almost eight months before their ban, yet there was no evidence whatsoever that any breach of the peace occurred or was threatened as a result of the book.

“By failing to produce material evidence of any reports before the minister which he relied on or in any of the affidavits filed before the court, the minister must be deemed to have no good reason for his decision.

“It is all to protect the image of politicians and their reputation,” he said.

Shanmuga added that the law requires decisions made by the minister to be “reasonable and proportionate” and that the books cannot be banned “simply for saying not very nice things about politicians and the government of Malaysia”.

“Would a reasonable minister feel there is a threat to public order from cartoons, political satire, and ban the whole book due to several offending pages?” he said.

NONE Commenting on the proceedings later, Zunar ( second from right ), who was accompanied by his wife Fazlinah Rosley ( in blue ), questioned the validity of Noor Hisham’s submission, particularly when the latter claimed that the minister concluded that the books “tarnished the rakyat’s trust in the government”.

“You can only lose something you have. The people who read my books have already lost trust in the government,” he said.

Judge Rohana Yusuf will be delivering her verdict on July 14.

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