The Federal Court in Putrajaya today dismissed the appeal brought by the government, higher education minister and Universiti Kebangsaan Malaysia (UKM) against the landmark decision declaring unconstitutional Section 15(5)(a) of the Universities and University Colleges Act (UUCA) 1971.

This was after the five-member panel led by Chief Judge of Malaya Zulkefli Ahmad Makinudin had allowed the application by four former UKM students to strike out the appellants’ appeal on grounds that the matter was academic as Section 15(5)(a) has been repealed.

“The case is no longer competent before this court as the written law - Section 15(5)(a) of the Act which restricts students from expressing support of, or opposing, any political party - is repealed,” said Justice Zulkefli.

In the unanimous decision, Justice Zulkefli also said the court found that the dispute in the case no longer existed.

The other four judges on the panel were Federal Court judges Hashim Yusoff, Abdull Hamid Embong, Hasan Lah and Jeffrey Tan Kok Wha.   

Justice Zulkefli, in dismissing the appeal, also said the matter now does not come within the ambit of section 96(b) of the Courts of Judicature Act 1964.

The court did not make any orders on costs.

The Federal Court had on March 20 this year given the nod to the appellants - the government, higher education minister and UKM to appeal against the decision of the Appeals Court which declared Section 15(5)(a) unconstitutional.

Today, the court was supposed to hear their appeal but lawyer Malik Imtiaz Sarwar, representing the students, applied to strike out the appeal because the matter was academic as Section 15(5)(a) was repealed on June 26 this year.

The former UKM students, Muhammad Hilman Idham, Woon King Chai, Muhammad Ismail Aminuddin and Azlin Shafina Mohamad Adza were given notices by the university to appear before a disciplinary tribunal to answer charges of allegedly being present during campaigning for the Hulu Selangor parliamentary by-election on April 24, 2010, thereby breaching Section 15(5)(a) of the Act.

All four students have graduated

The four have graduated. Woon and Muhammad Ismail are currently pursuing their master’s degree in political science while Muhammad Hilman and Azlin are working.

They (the former students) subsequently filed an originating summons against the appellants to challenge UKM’s action against them but their claim was dismissed by the Kuala Lumpur Appellate and Special Powers Division in September 2010.

On Oct 31 last year, the Appeals Court overturned the High Court’s decision in a 2-1 majority decision which also ruled that Section 15(5)(a) of the Act was unreasonable and violated freedom of speech guaranteed by the federal constitution.

Earlier, Malik Imtiaz submitted that there was a change of circumstances in the case because the section was repealed, three months after the Federal Court granted leave to appeal to the appellants.

On top of that, he said, the proceedings had come to an end as the students have graduated, adding that no other students would be charged under that law as it was already repealed.

Both senior federal counsel Amarjeet Singh representing the government and the higher education minister, and lawyer Muhammad Shafee Abdullah for UKM argued that the matter in the case was not academic as it would cover the fundamental rights under Article 10 of the federal constitution.

Justice Tan, however, said “any decision by us (the court) will not clear the waters, it would muddle the waters”.

- Bernama