The Kuala Lumpur High Court today dismissed with costs the application by Parti Sosialis Malaysia (PSM) to set aside the government's rejection of its registration three years ago.

Citing the Societies Act 1966, Judge Abdul Hamid Said said the Registrar of Societies (ROS) has the power to impose any conditions it deems fit before registering a society.

The ROS had required the PSM to set up seven branches in various states when the party attempted to register itself at the national level in 1998. As this was not met, the ROS rejected the application in January 1999.

PSM then appealed to the Home Ministry but was again turned down on the grounds that it had not complied with the ROS condition and that the party itself could be detrimental to the national interest.

Following this, PSM pro tem president Dr Mohd Nasir Hashim ( photo ) filed an application in September 1999 seeking to nullify the ministry's decision and to order the government to register PSM as a political party within seven days.

Grounds of judgment

Delivering judgment this afternoon, Abdul Hamid said it was "not unreasonable" for the ROS to impose the condition since the PSM constitution states that it is to set up branch committees as well as a central committee whose members would be elected in at the national congress.

He said that, while the ROS was entrusted to execute the issuance of licences and permits to new organisations, it could also choose in what way to discharge its duty as long as this was in line with policy.

Elaborating, the judge said that a policy "is never a written law".

"It is what the government of the day adopts in carrying out its duty to the nation. It is the discretion of the government of the day.... Behind the conditions is the policy adopted," he said..

"The party could not be a national party because there are no branch members to elect the office bearers at the national level."

He also said the respondent, Home Affairs Minister Abdullah Ahmad Badawi ( photo ), had taken into consideration the national security aspect based on the information given by police.

Abdul Hamid added the minster was not bound to give reasons and had stated that he could not disclose details of what national interest was involved.

"National security is the responsibility of the executive government, what action is needed is a matter of those on whom the responsibility rests, not the courts of justice," Abdul Hamid quoted from the judgment of a case in 1995.

PSM to appeal

Meanwhile, Nasir told reporters that he was prepared to accept the unfavourable decision and would ask his lawyers to file an appeal with the Court of Appeal.

Accompanying him were about 20 PSM supporters who wore party badges and were distributing leaflets on the party's struggle outside the court.

PSM has pledged to become a workers-based party which champions the rights and welfare of the grassroots in factories and plantations, as well as of urban settlers and the poor.