KUALA LUMPUR: Toh Puan Na’imah Abdul Khalid has failed in her bid to retrieve her passport permanently after the High Court here dismissed her application.
In his dismissal, Justice Ahmad Bache said there was no injustice in the Sessions Court’s decision to impound her passport.
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“It is not illegal, it is not wrong. In fact, it is permissible.
“If I may add, it is in fact effective in some cases for the court to impound the passport as a form of security,” he said yesterday.
The judge noted that Na’imah’s husband Tun Daim Zainuddin was also charged in the Sessions Court but he was allowed to hold on to his passport.
He said if Na’imah’s passport was released, there was a possibility that both husband and wife would go abroad and not return.
“The additional condition is to ensure confidently that they both would be in court,” he said.
On whether the Sessions Court’s decision had contravened Na’imah’s rights under the Federal Constitution, Justice Ahmad said Na’imah’s rights as a citizen changed after she was charged in court.
“Her absolute right to her passport has changed,” he added.
Justice Ahmad also said the Sessions Court’s decision to impound Na’imah’s passport was valid and fair, and there was no injustice.
On Jan 23, Na’imah, 67, claimed trial in the Sessions Court for failing to comply with a notice by not declaring her assets.
She is currently out on RM250,000 bail and had to surrender her passport to the court as part of the bail conditions.
She filed the revision application at the High Court for the higher court to revise the Sessions Court’s decision regarding her passport.
Na’imah claimed the prosecution had failed to give any good reason for the court to take away her travel document.
She claimed the Sessions Court’s order was a miscarriage of justice and should be revised, adding that her right to her passport is a constitutional right.
