The High Court in Kuala Lumpur today dismissed former opposition leader Anwar Ibrahim's bid to be allowed physical contact with his family members during prison visits.

Justice Nik Hasmat Nik Mohamed said there was no irrationality, illegality and procedural impropriety in the Prisons Department's decision.

"They said they will consider on a case by case basis in their letter dated March 14. The court would not generally interfere with the decision making bodies or tribunal bodies, unless it is manifestly erroneous, or wrong, or mala fide," she said.

The judge also ordered the family to pay nominal costs of RM1,000 to the Prison's Department. 

Justice Nik Hasmat said that while she is reminded of provisions under Article 5 on personal liberty, Anwar is an inmate at the Sungai Buloh Prison.

She added that the argument that the respondents (the prisons officers) had acted unreasonably, arbitrarily and unlawfully in pursuant of laws enforced is misconceived.

“There is no mischief in the refusal of contact visit,” Justice Nik Hasmat said.

“He is subject to the Prison Rules 2000 and the Prisons Act 1995 and the authority in question here is the commissioner-general of the Prisons Department or the prisons officer in charge. Anwar is a prisoner and is restrained in his personal and civil liberties,” she added.

The judge also said that the court had scrutinised Section 86 to 94 of the prison regulations and there is no duty on them that imposes on the respondent to provide reason in rejecting the request.

“Hence, the court is dismissing the applicant's claim for certiorori (to quash) the prisons department's order and mandamus (to compel the family to have physical contact). All three prayers are dismissed,” she said.

The judge also ordered the family to pay nominal costs of RM1,000 to the Prison's Department.

All of Anwar's family members, including wife and PKR president Dr Wan Azizah Wan Ismail were present to hear the decision, with the exception of three grandchildren.

Decision expected, says Anwar.

Anwar told reporters after the court proceeding that he had expected the decision with the present government having all the authority.

“This is except in dealing with North Korea,” he quipped.

His lawyers N Surendran and Latheefa Koya have indicated they will appeal today's decision.

“We will file an appeal soon, as this case does not only involves Anwar but the rights of all prisoners to have the right for physical contact with their family members.

“This is rather than them speaking through glass walls or through telephones,” he said.

Anwar, 69, his wife, their children and grand-children named the Sungai Buloh Prison director, the commissioner general of Prisons and Home Ministry as respondents.

They were seeking a certiorari to quash the decision of the Prisons Department in a letter dated March 14 last year, in not allowing physical contact, and a mandamus order to compel the prison authorities to allow physical contact.

Anwar's lawyers had told the court during submissions last Feb 14 that while a prisoner cannot move freely, they are allowed certain rights.

“We are challenging the constitutionality of Prison Rules in not allowing physical contact. Denying physical contact is more than necessary to achieve the aims of judicial punishment,” Surendran had told the court, adding Anwar's family members were only allowed physical contact in the final five minutes of some of their prison visits, as the prison authorities gave it arbitrarily.

“The five-minute physical contact is insufficient,” he added.

The Prisons Department was represented by senior federal counsel Shamsul Bolhassan.