Cartoonist Zunar has failed in his bid to challenge his travel ban after the High Court in Kuala Lumpur ruled that his application was of no merit.

The court also struck down his attempt to pose four constitutional questions to the Federal Court, with Justice Azizah Nawawi saying that the constitutional issue posed “does not arise” from his main application over the travel ban.

"On the substantive application, this court is bound by the decision in several cases,” she added, pointing to the dismissal of Petaling Jaya Utara MP Tony Pua appeal against his own travel ban.

Zunar was also ordered to pay RM5,000 in costs to the government.

In applying to pose the constitutional questions earlier this month, Zunar's lawyer, former Federal Court judge Gopal Sri Ram, had said the outcome of the 1978 case of Loh Wai Kong was wrongly decided, and should be voided by the Federal Court.

The four questions were on interpretations of Articles 5(1), 8 and 9 of the Federal Constitution, which Justice Azizah said had been decided on in many cases, including the cases of Loh and Pua.

 “Therefore it cannot be said there are ambiguities to the interpretation of these provisions,” she said.

In relation to Pua’s travel ban, the Court of Appeal had ruled in July that no rights are absolute including the right to travel abroad, despite having a valid passport.

The cartoonist was represented by Latheefa Koya today, while senior federal counsel Shamsul Bolhassan appeared for the Immigration Department, Home Ministry, and the government.

Zunar, the nom de plume of Zulkiflee SM Anwar Ulhaque, said he will appeal against today's decision and lamented that he must be the only cartoonist in the world being barred from travelling abroad.

"In fact, I was scheduled to attend a conference in London tonight, as I have written to the police and immigration two weeks ago to be given some leeway for me to go there. There was no reply.

"Even I have a friend, a cartoonist from Kenya, who is surprised with my predicament. We thought Africa was bad but then...," he said.

Probed for violating MCMC provisions

Earlier, Zunar was at the Bukit Aman police headquarters to assist in an investigation under the Malaysian Communications and Multimedia Act 1998 for improper use of network facilities, following a report being lodged over his cartoon appearing on Facebook.

He told reporters that he was asked 10 questions from the Commercial Crime Investigation Department and he told the investigators that he would only answer the questions in court.

The police also took his mobile phone, which Zunar said was the third of his to be seized.

“Exactly to this day a year ago, I was arrested in Penang under the Sedition Act 1948 for an exhibition,” he added.

Zunar said prior to being investigated under the MCMC Act, he was investigated under the Penal Code, Immigration Act 1963, Sedition Act 1948, and the Printing Presses, and Publications Act 1984.

“This investigation means that I have been investigated by the new inspector-general of police Mohd Fuzi Harun and (his predecessor) Khalid Abu Bakar,” he added.

Zunar remembered that while he was critical of Dr Mahathir Mohamad during the latter’s time as prime minister, he has not been subjected to the same level of treatment he is receiving now.

Zunar was represented by lawyer Farhana Roslan during the police recording of his statement today.