Four Universiti Kebangsaan Malaysia students who sought a declaration that the Universities and University Colleges Act (UUCA) is unconstitutional have had their application dismissed by the Kuala Lumpur High Court (Appellate and Special Powers Division).

The four had sought the declaration to challenge their university's ruling barring them from engaging in political activities.

ukm 4 challenge auku uuca 280910 banners Justice Aziah Ali, who delivered the decision in chambers, said Section 15 of the UUCA - on when disciplinary action can be taken - does not infringe Article 10 of the federal constitution which deals with freedom of expression.

She also dismissed an earlier injunction granted by the court barring UKM from taking action against the students.

However, Justice Aziah allowed lawyers Haris Ibrahim and Ashok Kandiah, acting for the students, an oral stay of execution pending the disposal of an appeal.

Ashok told reporters later that the full hearing for the stay will be  on Oct 7.

"At the moment, the university's lawyers have given an undertaking they will not take action against the students. As such, the case remains as status quo," he said.

ukm 4 challenge auku uuca 280910 muhammad hilman idham Senior lawyer Muhammad Shafee Abdullah, representing the university, was not present today as he was unwell.

The students - Mohd Hilman Idham ( right ), Ismail Aminuddin, Azlin Shafina Mohamad Adza and Wong King Chai - were arrested by police during the Hulu Selangor by-election for taking part in political events, an activity barred by the UUCA.

This resulted in the university wanting to take action on them. They had also sought help from the Human Rights Commission Malaysia.

The four named the government, Minister of Higher Education and Universiti Kebangsaan Malaysia as the defendants in the originating summons.

Ashok and Haris had submitted that section 15 (5) (a) had manifestly derogated the students' fundamental liberties under Article 10 (1) (a) as it prohibits the freedom of expression and speech in matters pertaining to political parties.

"Thus the court is urged to interpret Article 10(1) generously to give the widest effect to it," the two lawyers had submitted.

No discrimination in its application

Justice Aziah, in her 24-page judgment said she agreed with the senior federal counsel representing the government that the discipline of the students and their conduct is connected with the administration of institutions of higher learning.

"There is no discrimination in its application to such students. The restrictions as contained in section 15 of the Act is to address the potentiality for disturbance of the life of the student community in universities and university colleges which can amount to disturbance of public order."

The judge also agreed with UKM counsel the restriction imposed is necessary to maintain the students' discipline, which is part of public morality of which they should observe.

"Further the restriction is not absolute as section 15 of the Act, allows the vice-chancellor, on an application to give exemption to a student subject to such terms and conditions he thinks fit," he said.

Shouts of `Student Power'

Just as with Friday's Sessions Court decision where five students from Universiti Malaya were acquitted of causing mischief , there was the strong presence of university students from all over the country while being watched closely by the police.

Shouts of "student power" resonated outside the lobby as Hilman, leading the four students, vowed to continue challenging the UUCA.

"This will not deter us as we will continue to appeal the matter. We, the students, will continue in our struggle to practise politics and the right to voice out our opinions," he said.

Haris said the students are presently continuing on with the education.

"We will appeal at the Court of Appeal and also the Federal Court. As this involves an originating summons we will apply for the court to fix an early date to hear the appeal," he said.

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