Malaysians held in prison have the right to vote, but they must write to the Prisons Department director-general for permission if they want to exercise the right.

However, the High Court in Kuala Lumpur today dismissed Anwar Ibrahim's originating summons for not being able to vote in the last Permatang Pauh by-election because he named the Election Commission (EC) as one of the respondents.

Anwar's lawyer N Surendran said despite the court dismissing the application, the decision is still important as it means thousands of prisoners can exercise their right to vote.

This, Surendran said, follows the previous EC statement that Anwar is not allowed to vote.

“This is an important decision, despite Anwar losing. However, we have decide to appeal this decision,” he said.

Previously, Latheefa Koya, who is also appearing for Anwar said there was no decision on prisoners not being allowed to vote.

Justice Nor Bee Ariffin, who made today’s decision in chambers, ordered the former opposition leader to pay costs of RM5,000.

Anwar named the EC, its former chairperson Abdul Aziz Yusof (photo) and the government as the respondents.

He had sought from the court a declaration, under Article 119 of the Federal Constitution, that he be allowed to vote.

The de facto PKR leader, who is serving a five-year jail sentence for Sodomy II, filed the suit after Abdul Aziz said the he could not vote in the Permatang Pauh by-election, the seat for which Anwar was the previous elected representative.

He lost the seat due to the Sodomy II conviction. Anwar’s wife and PKR president Dr Wan Azizah Wan Ismail won the by-election.

Senior federal counsel Amarjit Singh told reporters that the EC did not deny Anwar his right to vote as the EC has no such power. However, Anwar had to write to the director-general of Prisons Department to be allowed out of the prison to cast his vote.

“Since he is a prisoner, the EC has no jurisdiction over prisoners. The jurisdiction lies with the director-general of prisons, and a prisoner should apply to the director-general to allow him to go to his polling station.”

Amarjit said that the provision states that Anwar must cast his vote at the voting district he is registered in.

The law in this country, he said, is that the right to exercise the vote is voluntary and that a person must go to the polling station he or she is registered under to exercise this right.

“Only if he has been denied the ballot paper does his right to complain that he has been denied the right to vote arises,” added the senior federal counsel who heads the Civil Division of the Attorney-General’s Chambers.