The Kuala Lumpur High Court today granted former opposition leader Anwar Ibrahim leave to hear his judicial review application to allow physical contact with his family members and grandchildren in Sungai Buloh prison.

Justice Nik Hasmat Nik Mohamed said she would normally take time before making a decision but after hearing the submission, she found that the application was not frivolous or vexatious, and this is to be ventilated further.

“I am still reminded that the threshold level for leave is relatively low. I am inclined to agree with the applicants.

"I allow that the full judicial review be heard within two weeks," she said.

Justice Nik Hasmat fixed Nov 17 for case management.

Anwar, 69, his wife PKR president Dr Wan Azizah Wan Ismail, his children and grandchildren, had named the Sungai Buloh prison director, and the Prisons Department director-general as the respondents in the judicial review application.

The judge, prior to delivering her decision, had asked Anwar the reason for his application, to which the PKR leader replied he had been given limited physical contact with his family members.

"I am not doing this for myself. I am also doing it for the other inmates," he said, adding that he was not asking for special favours.

“I want to highlight that this is a constitutional right which is to be respected. This is the basic right just to be able to touch my grandchildren. It is truly a horrendous time in prison,” he said.

Anwar's lawyer N Surendran described it as a landmark case as this is the first time an application is made for prisoners to be allowed physical contact.

'Fishy' Prisons Department standing orders

Earlier in court, Surendran submitted that the Prisons Department director-general's standing orders seemed to be “fishy” as it was only produced on March 30, this year, whereas Anwar made the application on March 14.

However, Justice Nik Hasmat cautioned Surendran from using the word fishy twice as it seemed mischievous to suggest that.

Surendran, however, pointed out that two weeks after Anwar made the application, the Prisons Department director-general's standing orders came out with a provision dealing with “banduan mendapat liputan meluas” (an inmate receiving wide coverage), as if pointing to the applicant.

“This rule had to be scrutinised in order to answer the applicant's request for contact visit,” he said.

Surendran also pointed out that this violated Anwar's constitutional right under Article 5 on the liberty of a person.

The lawyer pointed out the affidavit of one of the applicants, namely Anwar's daughter Nurul Nuha, who said she was only allowed five minutes of physical contact towards the end of a meeting with her father.

Senior federal counsel, Suzana Atan, appearing for the respondents, said the application was frivolous and vexatious and should not be entertained by the court.

Suzana said that it was the director-general's discretion, under the existing Prisons Department Act, Prison Rules and the director-general's standing orders, to consider an application for physical contact.

“A written application would have to be made, and this will then be considered by the director-general,” she said, adding that there were instances when Anwar was provided physical contact.

Surendran in his reply quoted the judgment made by former Lord President, Sultan Azlan Shah that there should not be unfettered discretion and that every legal power must have a legal limit.

“The director-general's decision cannot be exercised illegally and the courts are considered the defence to prevent such illegality to safeguard any citizens to ensure their rights within the law and that bureaucracy should be set in place,” he said.