KUALA LUMPUR: A former soldier’s refusal to take the Covid-19 vaccine was a clear disobedience of a standing order imposed on all Malaysian army personnel in 2021, says the High Court.
Due to the breach of order, Justice Ahmad Kamal Md Shahid said the subsequent action by the Armed Forces to discharge former soldier Wan Ramli Wan Seman was in line with the law.
“Further, I find that the issuance of the vaccination order (via a letter dated March 3, 2021) was reasonably balanced with the interests of the individual and the Armed Forces.
“The vaccination order was issued to ensure the risk of infection among Malaysian army members could be reduced and prevent the existence of clusters among members.
“As the applicant has failed to provide any relevant material to exempt himself from being vaccinated, he is thereby obliged to comply with the vaccination order,” the judge said in his decision to dismiss Wan Ramli’s judicial review application yesterday.
Wan Ramli was seeking a court declaration that a discharge letter he received dated Aug 4, 2021, and his discharge was null, void and had no effect.
He contended that he had the freedom of choice under Article 5(1) of the Federal Constitution to refuse the vaccination, and therefore it was disproportionate for the respondents to discharge him and deprive him of his pension due to his refusal.
Wan Ramli said he had lost his employment and livelihood, which he said was a guaranteed fundamental right under the Federal Constitution.
The court, however, disagreed on this.
“I am of the view that restrictions or limitations that affect the employment of a person are not a violation of Article 5(1) of the Federal Court as the right to employment is not absolute,” Justice Ahmad Kamal said.
The judge further said that the applicant ought to know that his employment was subject to the Armed Forces Act 1972 and the regulations therein.
“As a member of the Malaysian army, it is his responsibility to abide by and obey the orders imposed upon him in accordance with the said Act and the relevant regulations. As a military officer, he is duty-bound to follow instructions given to maintain discipline.
“All in all, I find that the decisions made by the respondents against the applicant were made in accordance with the law and are not tainted with illegality, irrationality or procedural impropriety,” he said.
The court did not make any order as to costs.
Wan Ramli filed his application for leave for judicial review at the High Court on Sept 27, 2021.
He named Lt-Col Sharull Hesham Md Yasin, Lt Mohamad Azammunir Mohd Ashri, Army Chief General Tan Sri Zamrose Mohd Zain, the Army, and the government as respondents.
On Oct 28, 2021, the High Court granted him leave to initiate a judicial review to challenge his dismissal after the respondents did not object to the leave application.
Wan Ramli said he had a fundamental right not to be vaccinated and claimed that on Aug 3, 2021, he was told that his new discharge was effective from Aug 26, 2021, when his normal discharge should have been on Jan 20, 2023.
The former soldier said his discharge was invalid on the grounds that the respondents’ action was disproportionate in all the circumstances of the case, oppressive, irrational, unreasonable, amounted to unlawful discrimination, and took into account irrelevant considerations.
