Court throws out application by four UKM students

KUALA LUMPUR: The High Court (Appellate and Special Powers) has dismissed an application by four Universiti Kebangsaan Malaysia (UKM) students to challenge a law that prohibits students from taking part in political parties.

Justice Datuk Aziah Ali made the ruling in chamber after meeting both parties here yesterday.

The students were seeking a declaration that Section 15 (5) (a) of the Universities and University Colleges Act was invalid and against the Federal Constitution.

The plaintiffs – Muhammad Hilman Idham, 21, Woon King Chai, 22, Muhammad Ismail Aminuddin, 22, and Azlin Shafina Mohamad Adza, 22, were represented by Ashok Kandiah and Haris Ibrahim.

Haris told reporters that the court ruled that the section did not violate Article 10(1)(a) of the Federal Constitution on freedom of speech and expression.

The court also ordered them to pay costs. The amount is yet to be fixed.

Also thrown out of court was the students’ injunction to stop UKM from convening a disciplinary tribunal against them for allegedly taking part in political campaigns during the Hulu Selangor by-election in April.

Aziah, however, granted a temporary stay of injunction and scheduled Oct 7 for hearing of a formal application pending their appeal against the ruling as lead counsel for the defendants Datuk Seri Shafee Abdullah could not attend yesterday’s judgment.

Muhammad Hilman told reporters that this was not the end of their struggle as they would fight on until the Act was abolished.

In their originating summons filed on June 1, the four final year political science students named the Government, Higher Education Minister and UKM as defendants.

They were arrested on April 23 at a police roadblock during the Hulu Selangor by-election campaigning period. The police found political campaign materials in their vehicles.

On May 13, the four received notices from UKM requiring them to appear before a disciplinary tribunal as they were charged under Section 15 (5) (a) of the Act.

However, they denied the accusation, saying they were at the by-election for academic research.