Appeal's Court wants reasons why PSM cannot be a political party

The Sun, Kuala Lumpur11 April 2006
Appeal's Court wants reasons why PSM cannot be a political party
R.Surenthira Kumar The Sun

The Attorney-General (A-G) Chambers was today (April 10, 2006) ordered to provide reasons why it rejected Parti Sosialis Malaysia (PSM's) application for registration because of national security and fixed policy.
Court of Appeal's Justice Datuk Gopal Sri Ram said the fixed policy reasoning by the government offers no flexibility as it fettered discretion and the question of national security must be addressed with the reasons stated clearly.
"The fixed policy is like imposing that there should only be six rambutan trees and the trees must have only seven branches," said Sri Ram.
He said the A-G must also furnish the reasons of national security when disallowing PSM to be formed.
"Selling of chicken could also be national security.... we don't know, so material must be furnished to the court," said Sri Ram to the Deputy Public Prosecutors who appeared on behalf of the government.
He then adjourned hearing to Wednesday (April 12, 2006) to allow the A-G to revert to the court with the reasons on the government's decision to reject PSM's application to form the party.
The case was filed by PSM's protem chairman Dr Mohd Nasir Hashim against the then Home Minister Datuk Seri Abdullah Ahmad Badawi.
In April 1998, PSM applied to the Registrar of Societies (ROS) to form the party but was rejected by the ROS in February 1999.
It appealed to the Home Ministry the same month but its application was again rejected in September 1999.
PSM took the case to the High Court in October 1999 and Abdullah, in his affidavit, said the application did not fulfil the requirements as it did not comply with the minimum requirements in regards to membership and branch formation.
Furthermore, Abdullah also said based on feedback from the police, the party is a threat to national security, which the information could not be revealed in the name of national interest.
The High Court rejected PSM's application and maintained that national security is the responsibility of the executive government and the responsibility does not rest with the courts.
PSM appealed and the case was fixed to be heard today.
Tommy Thomas and Ragu Kesavan appeared for PSM while Amer Hamzah, Edward Saw and M.Vengkatraman held watching brief for the Bar Council, Suara Rakyat Malaysia (Suaram) and Malaysian Human Rights Association (Hakam) respectively.