Zunar has provided an update on his latest court action, as follows:
High Court Judge, Justice Hanipah Farikullah today agreed to recuse herself from hearing my case, challenging the travel ban imposed by the Malaysian government. Fearing biased judgment, I filed a bid to remove the judge.
This is after I filed the application on the ground that she had previously decided to deny the challenge by two other activists who challenged their travel bans under the same law.
In her previous judgement, she said that it was not a constitutional right for a Malaysian to travel abroad, and that the immigration department has the rights to allow or deny the citizens traveling overseas
There was no objection from the AG Chamber on the application. The court will inform the date for the next session.
On 7th Dec 2016, I filed a leave application for a judicial review to challenge the Immigration Department’s decision barring me from travelling overseas. I named the Immigration Director-General, Home Minister and the government as respondents.
I am seeking a certiorari order to quash the travel restriction by the respondents, which was informed to me orally at KLIA airport on 17th October 2016. The order seeks to review that the travel ban violates the Article 5 (1), Article 8 and/or Article 9 of the Federal Constitution, therefore to declare that the ban is null, void and unconstitutional.
I am also seeking a mandamus order from the court to instruct the respondents to allow me to travel overseas without restrictions.
On 17th October 2016, I was at the KL International Airport leaving for Singapore to attend a forum when I was stopped by the immigration officers.
Last week, I was unable to travel to Switzerland for the launch of my exhibition in Morges due to the travel ban.