JUDGES must not abdicate their duty to uphold the people’s fundamental freedoms, Lawyers for Liberty said after the Court of Appeal denied Petaling Jaya MP Maria Chin Abdullah’s challenge against her 2016 travel ban.

Its adviser, N. Surendran, said with the end of Barisan Nasional’s rule, the judiciary is now free to chart a new course, and judges must be at the forefront of upholding the people’s fundamental freedoms, as guaranteed in the constitution.

“Judges must no longer tolerate any attempt by any government, current or future, to trample upon the rule of law and the basic freedoms of the people,” said the former Padang Serai MP.

“Judicial decisions must now give full expression to the fundamental freedoms guaranteed by the constitution, so as to ensure that these rights are not rendered illusory and meaningless.”

He called for a new era of “judicial activism” in which basic liberties are upheld and the executive abuse of power is kept in check.

On the court decision in Maria’s case yesterday, which was made on the grounds that it was “academic”, Surendran said it is disappointing, as the court has failed to uphold an individual’s constitutional right to travel, which had been infringed on by the authorities.

He said it is the duty of judges to strike down oppressive BN-regime laws that trespassed on freedoms provided by the constitution, by virtue of Article 4(1) of the constitution.

“When faced with a threat to fundamental freedoms by government action, the courts must not abdicate their duty to be the final arbiter.”

He said the judiciary, during BN’s rule over the past six decades, consistently upheld as lawful undemocratic and unconstitutional laws, like the Internal Security Act, Sedition Act, Restricted Residence Act, Printing Presses and Publications Act, Police Act, Societies Act, Security Offences (Special Measures) Act, Universities and University Colleges Act, and Peaceful Assembly Act.

He said travel bans like Maria’s were repeatedly upheld by the appellate court as valid.

“Faced with a regime that had no respect for the rule of law, judges have failed to protect citizens by striking down these laws.

“The judiciary’s approach has been timid and conservative in relation to cases involving basic freedoms, allowing the BN regime to use its parliamentary majority to pass laws and amendments that subvert democracy and basic freedoms.”

He said the use of laws that put a stranglehold on democracy, stifled public discourse and allowed massive corruption among BN leaders had led to Malaysia suffering huge scandals like 1Malaysia Development Bhd.

However, said Surendran, there were rare exceptions where brave judges struck down oppressive legislation, only to have the decisions overturned by the Court of Appeal.

One such instance was when the Court of Appeal, in 2014, struck down the provision requiring 10 days’ notice for public assemblies. The appellate court headed by current Chief Justice Md Raus Sharif then overturned the decision the following year.

Maria’s travel ban was imposed when she held the post of Bersih 2.0 chairman. She was informed of the travel ban shortly before she was to board a plane to South Korea on May 15, 2016, at Kuala Lumpur International Airport. She challenged the ban.

In May last year, the Kuala Lumpur High Court ruled that an amendment to the Immigration Act did not allow courts to hear complaints from Malaysians banned from travelling overseas.

A three-member bench chaired by justice Umi Kalthum Abdul Majid at the Court of Appeal yesterday ruled that Maria’s appeal had become academic, and there was no travesty of justice. – May 26, 2018.