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Home Ministry loses to Mkini Posted: 01 Oct 2012 07:30 PM PDT I think this is the second time in few months the Home Ministry lost to the opposition, both in court. First, to Bersih and yesterday to Malaysiakini. In a matter of time, there will be Bersih 4.0 and 5.0. And soon, we can buy 'Mkini Daily' from the news stand, 7 Eleven and other stores. The Kuala Lumpur High Court's Appellate and Special Powers division has quashed the Home Ministry's decision not to grant a publishing permit to Mkini Dotcom Sdn Bhd, which operates the Malaysiakini news portal. In ruling the ministry's decision as "improper and irrational", judge Abang Iskandar Abang Hashim said the home minister's decision was misdirected as it exceeded the limit of its jurisdiction. "The decision affects the right of the plaintiff to the right of freedom of expression, which also includes the right to a permit, and it is a fundamental liberty enshrined in the constitution," Justice Abang Iskandar said. "Hence, the court allows the application for a certiorari (to quash) the decision of the respondents (Home Ministry) and the applicant needs to submit its letter to the ministry." Justice Abang Iskandar noted that freedom of expression (through publication) is a natural right and is enshrined in Article 10 of the federal constitution. He recognised the fact that the portal has won numerous local and international awards, and that this should not stop the authorities from giving Malaysiakini a permit. The judge also ordered the Home Ministry to pay RM5,000 in costs. Don't blame the court and the judge. Nothing's wrong with the law and our Constitution. It's how we put things under control. We have been so lenient, too soft. In order to win the hearts of many, including foreign governments and international pressure groups, we submitted to what has been termed as 'free and liberal' tag. There were times when action came too late while some measures and good proposals were rejected without valid reasons. In some cases, nobody took heed of positive feedback given by the public and experts. Now, I think Mkini deserves every right to print, and it will sell. Clamping a conditional printing permit too won't be wise as other opposition media are already in the market. What else can we do about it?

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