The Kuala Lumpur High Court (Appellate and Special Powers division) has fixed June 22 to deliver its decision or further clarification on Mkini Dotcom Sdn Bhd’s application for a publishing permit.

Justice Abang Iskandar Abang Hashim fixed the date after hearing submissions on the matter from senior federal counsel Norhisham Ismail representing the Home Ministry and the government.

K Shanmuga and Edmund Bon represented the applicant Mkini Dotcom, owner of news portal Malaysiakini which had applied for a judicial review.

Mkini Dotcom had applied for the permit under Section 6(1)(a) Act 301 of the Printing Presses and Publications Act 1984 to publish a new daily named ‘ Malaysiakini ’.

Mkini Dotcom had applied for a permit to publish 40,000 copies in the Klang valley but this was rejected by the Home Ministry in August 2010.

Mkini Dotcom wanted to quash the minister’s decision and a declaration that the decision was unconstitutional. It named the secretary-general of the Home Ministry, its minister and government as the respondents.

Today, Norhisham submitted that a newspaper publication permit is not a right, and that the government has a right to control issuing it.

“Not granting a permit cannot be seen as a curtailment of the freedom of speech. It is not a matter of right,” said Norhisham.

Furthermore, the senior federal counsel submitted that the portal can publish its news on the Internet and it is readily accessible there.

'Discretion cannot be questioned by the court'

Norhisham further argued that the constitutional challenge was not proper as the minister has its discretion not to grant the permit.

He claimed that the discretion cannot be questioned by the court and hence, the decision is not reviewable.

The senior federal counsel also cited the minister’s affidavit that he had given due consideration to the application and the applicant cannot cite that the minister had acted ultra vires (beyond the law), in bad faith and a prejudicial manner in arriving at the decision.

“If there is evidence, then it can be revieawable. However, there is no evidence to suggest this,” he claimed.

Shanmuga in reply submitted that although the news is available on the Internet, the decision had restricted its client from publishing its news.

“The news is only available on the Internet and it is limited to those who have the Internet. What about those who do not have the Internet and cannot access the news?” he said.

Shanmuga also replied that the minister can restrict if it was felt that the publication would upset national security, whereas Malaysiakini had won numerous international and local awards on journalism.

Hence, he said the decision by the minister is stifling the right to freedom of speech and expression.