It was a sweet victory for Subang Jaya MP Sivarasa Rasiah when the Kuching High Court yesterday granted him leave to apply for a judicial review on his ban to enter Sarawak by the state Immigration department.

anwar sodomy 2 duta court hearing pkr leaders 080709 15 Sivarasa, (left) a PKR vice-president, was refused entry into Sarawak on Feb 14 this year when he arrived at the Kuching International Airport.

The ban was signed by Sarawak's director of immigration.

Judge Linton Albert, in his judgment, said: "I am satisfied that the application for leave is by no means frivolous and that there is clearly an arguable case which ought to be heard on a full party basis.

"It is perhaps not appropriate to state that in the forefront of my mind is the notion that the courts must not be seen to be always dismissive of cases where the exercise of power is challenged by reading into various provisions as giving out absolute power where no such power is expressively given because absolute power corrupts absolutely," he said.

Unfair to ban

kuching international airport 130107 runway "The blacklist may well constitute a grim illustration," he said and added that he did not think that Sivarasa's application for leave for judicial review of the ban should be given short shrift and dismissed, notwithstanding the strong arguments advanced by the respondents because clearly there was an arguable case.

"I do not think it is necessary or appropriate to embark on a judicial determination of the merits on the respective arguments advanced on behalf of the parties or set out a host of other issues at this stage," the judge said.

Sivarasa who was represented by Baru Bian and See Chee How, had named the state director of immigration, the state secretary and the state government as first, second and third respondents in his application for leave for judicial review.

No date has been fixed for the trial.