The Kuala Lumpur High Court today granted leave for 22 Internal Security Act (ISA) detainees to sue the Election Commission (EC) for denying their constitutional right to vote during the last general election.

Justice Raus Sharif, who made the ruling this morning, did not fix any date for the hearing.

In the test case filed in April, the detainees - including suspected Islamic militants Yazid Sufaat ( left

) and Nik Adli, son of Kelantan Menteri Besar Nik Abdul Aziz Nik Mat - claimed that the EC had denied them their right to vote under Article 119 of the Federal Constitution, as well as under the freedom of expression provision of Article 10.

They are at present being held at the Kamunting Detention Centre in Perak for alleged links with terror groups Kumpulan Mujahiddin Malaysia and Jemaah Islamiah.

According to their counsel, Edmund Bon, their right to vote under the Federal Constitution had been abrogated and that the right is absolute, even if his clients were ISA detainees.

"There is no limitation placed in the constitution disqualifying or limiting ISA detainees from voting as the right to vote is an adjunct and part of the fundamental right to freedom and speech and expression enshrined in Article 10 of the Federal Constitution," Bon argued.

He also argued that it was the duty of the EC to ensure that their constitutional right to vote was not in any way hindered and to provide for ways to allow them to do so.

Not stipulated

"These rights must be given direct effect by the EC, voting is a fundamental right in a democracy and a person registered to vote must be given facilities to do this," Bon said adding that all his clients were registered to vote.

Responding on behalf of the government, senior federal counsel Azizah Nawawi said that it was not incumbent for the government to provide such facilities as it was not stipulated either in the Constitution or any federal regulations.

"Under Article 113 of the Federal Constitution, the EC is merely performing its constitutional function in conducting general elections but it is not the duty of the EC to ensure that each and every registered voter can cast their votes at a polling station where they have registered," Azizah said.

She added that if such a request was to be granted to the detainees, then a flood gate would be opened allowing anyone to request that the commission provide them with voting facilities anywhere.

However, Bon argued the it can hardly be expected of the detainees to climb the walls of the Kamunting Detention Centre to head over to the polling centres.

Fundamental right

"If the entire country were to be put under the ISA does that also mean that the entire country cannot vote? Voting is a fundamental right and the EC cannot use this running-away tactic every time these issues are raised quoting technicalities," Bon added.

He also raised the issue with the court that EC chairperson Abdul Rashid Abdul Rahman was quoted in the newspapers that the ISA detainees were indeed allowed to vote.

They are also represented by Amer Hamzah Arshad, Edward Saw and Choy Lai Yi.