ROS appeals PN court ruling


Taking action: Mohd Zulfikar (left) and Saifuddin Nasution said they were dissatisfied with the decision made by Justice Azizan Md Arshad.

KUALA LUMPUR: The Registrar of Societies (ROS) has filed an appeal against the High Court’s decision that stayed its suspension and deregistration of Perikatan Nasional.

According to a court document made available to the press, ROS director-general Datuk Mohd Zulfikar Ahmad and Home Minister Datuk Seri Saifuddin Nasution Ismail filed the notice of appeal through the senior federal counsel yesterday.

In the notice, Mohd Zulfikar and Saifuddin Nasution said they were dissatisfied with the decision made by Justice Azizan Md Arshad on Thursday.

They stated that they would be appealing to the Court of Appeal on the entirety of the High Court’s decision, which allowed Perikatan’s stay application.

When contacted, Perikatan’s lawyer Muhammad Rafique Rashid Ali confirmed the matter.

On Thursday, the High Court allowed Perikatan’s application to stay the ROS’ suspension and deregistration, pending the disposal of a judicial review.

Based on the High Court’s ruling, Perikatan would be permitted to carry out political activities, including contesting in the Melaka state election on Nov 14.

On Oct 13, the High Court allowed leave for Perikatan to commence judicial review against the ROS’ suspension order on Perikatan’s activities.

The court dismissed Perikatan’s interim stay application but fixed yesterday for a hearing of its inter partes stay application.

On Oct 5, Perikatan and PAS secretary-general Datuk Seri Takiyuddin Hassan, along with secretaries-general of Gerakan Wong Chia Zhen and Malaysian Indian People’s Party (MIPP) N. Sathes Kumar, filed a leave application as the first to third applicants.

The fourth and fifth applicants were the secretaries-general of Parti Wawasan Negara, Datuk Seri Saifuddin Abdullah, and Parti Pejuang Tanahair, Datuk Sazmi Miah.

They named Mohd Zulfikar and Saifuddin Nasution as respondents.

In his supporting affidavit, Takiyuddin said the Sept 23 suspension order had a conclusive effect, as it prohibited the coalition from carrying out political activities.

He said the suspension prevented Perikatan’s supreme council and other party organs from convening meetings or making decisions, including those related to Perikatan’s participation in the Melaka election.

As a result, Perikatan could not issue statements, hold public rallies, or campaign, adding that party officials also risked prosecution if they breached the order.

In the application, Perikatan seeks an order to quash the Sept 23 suspension.

Perikatan is also challenging a notice issued by the ROS on Sept 22 stating that the coalition would be deregistered after 30 days.

According to the application, the notice was issued because Perikatan had breached Clause 7.1 of its Constitution by failing to invite Bersatu, a member party, to the coalition’s supreme council meeting on July 16.

Perikatan said the suspension order was made without giving it the right to be heard, and it was not provided with Bersatu’s complaint or the documents forming the basis of the action.

On Oct 20, ROS said in a statement that Perikatan has been deregistered pursuant to the Sept 22 notice.

The deregistration took place two days before the 30 days stated in the notice lapsed.

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