Exiled former communist leader Chin Peng today filed an application with the Penang High Court seeking permission to return to Malaysia with hundreds of his comrades on a temporary basis to attend the hearing of their suit against the government.

Filed by his lawyer Darshan Singh Khaira, the application also wants the court to order the issuance of interim travel documents for this purpose.

The home minister, inspector general-of-police, armed forces chief and the Malaysian government have been named as defendants.

Last Friday, the former secretary-general for the outlawed Communist Party of Malaya (CPM) took his battle to court in a last-ditch effort to return to his motherland after his request was rejected by the government two years ago.

Constitutional right

In an affidavit affirmed by Darshan today, it was stated that Chin Peng should be allowed to enter Malaysia and be present at the hearing as it was "necessary and suitable".

Article 5 of the Federal Constitution, which stipulates that a person has the right to consult and be defended by a legal practitioner of his choice, was cited as the main ground of the application.

"This included rights (for the plaintiff) to be personally present at the hearing in court for his case," the affidavit stated.

Darshan said there is a "big possibility" that Chin Peng would have to provide a testimonial in relation to the background of the peace treaty between the government and CPM - also known as the 1989 Haadyai Peace Accord - and the terms agreed upon by the defendants.

In his application last week, which was also filed on behalf of hundreds of his comrades, Chin Peng said they wanted to live out their last days in Malaysia and reunite with their families.

The 1989 peace treaty allows those of Malaysian origin to resettle in Malaysia.

It also stated that Chin Peng is a Malaysian citizen who has not been stripped of his citizenship nor banished to another country.

Chin Peng, who now resides in Southern Thailand, reportedly said the suit against the government was his last resort because "we now have no choice" and expressed his and his followers wish to be "good filial children and visit our ancestors, parents and family graves".

"It is ironic that we, who fought for our country's independence and were more than willing to die for it, should now be denied entry and residence to die in our motherland," he added.

Commenting on the issue, Prime Minister Abdullah Ahmad Badawi was reportedly said the government previously barred Chin Peng from returning due to protests from various parties but added that he would leave it to the court to decide on his fate now.

'Why sign then?'

However, Deputy Internal Security Minister Noh Omar over the weekend dismissed the possibility of easing the official stand as the government does not want to be perceived as being 'too soft' with communists.

He said although Chin Peng was no longer considered a threat to the country, the main consideration should be the effects of Chin Peng's actions and that of the former members of CPM on the members of the country's security forces.

When asked to comment on Noh's statement, Darshan replied: "The point is why did they (the government) sign the treaty then?"

Chin Peng, the nom de guerre of Ong Boon Hua, who was born in Sitiawan, Perak is believed to be residing somewhere between Songkhla and Bangkok.

In September 2003, the government rejected his request to return home to visit his ancestral graves and launch his new book ' Alias Chin Peng: My Side of History '.

The reason given was that Chin Peng is linked to a banned organisation with a "history of perpetrating terrorism" in the country.