7 file court bid to challenge smoking ban

Updated 7 years ago · Published on 31 Dec 2018 10:39PM · 8 Comments

SEVEN people today filed an application for leave for a judicial review to challenge the decision of the Health Ministry to enforce a ban on smoking at all eateries starting from tomorrow.

All seven applicants filed their application ex-parte at the High Court Registrar in Kuala Lumpur via e-filing through Messrs Haniff Khatri.

They are Mohd Hanizam Yunus, 52, Zulkifli Mohamad, 56, Mohd Laisani Dollah, 46, Mohd Sufian Awaludin, 35, Ridzuan Muhammad Noor, 52, Mohd Yazid Mohd Yunus, 48, and Yuri Azhar Abdollah, 39.

In their application, they said they are acting on behalf of themselves and smokers who supported the pro-tem Pertahankan Hak Perokok and named the Health Ministry as the respondent.

In the application, the applicants stated the ban on smoking was against the Federal Constitution as it was not a criminal activity and the activity was valid from the legal point of view guaranteed under the constitution.  

All seven applicants filed their application ex-parte at the High Court Registrar in Kuala Lumpur via e-filing through Messrs Haniff Khatri. – The Malaysian Insight file pic, December 31, 2018.

They said smokers have the same right as non-smokers to visit and patronise food premises.

It said Malaysians who smoke were constructively isolated and discriminated from visiting food premises due to the smoking ban, which is against the provisions and principles of law and was wrong in procedure as the respondent did not meet smokers or stakeholders to discuss the enforcement of the ban.

Apart from that, they said the government also did not provide a separate smoking area or provide food premises operators to implement according to their discretion a separate smoking area.

As such, they are seeking for a certiorari order to cancel the decision of the ministry and seek a declaration that the enforcement decision contradicts the Federal Constitution.

They are also seeking a restraining order to prevent the same respondent either through itself or its agent or representative from enforcing the ban.

The Health Ministry had issued a ban at all restaurants and food premises effective January 1 at all food premises, including air-conditioned or open air areas. – Bernama, December 31, 2018.

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Comments

  • I hope the judge will decide in favour of the government.

    Posted 7 years ago by Richard L · Reply

  • Banning the movement of smokers from entering certain places is violation of human rights. I hope the bench will uphold the freedom of mental health.

    Posted 7 years ago by Thiagarajan Ramasamy · Reply

    • Is it not an established legal principle that your right to smoke comes to an end when it affects my right to enjoy good health? So which way do you think a good judge will decide? In favour of good health of course! End of matter?...

      Posted 7 years ago by MELVILLE JAYATHISSA · Reply

  • Miltant non-smokers are perhaps the most midguided & intolerant of humans. Smug self-righteousness is far more obnoxious than any amount of secondary smoke. Why dont they target oil palm plantation owners who allow open burning or factory owners who poison the land & pollute the waters?

    Posted 7 years ago by Antares Maitreya · Reply

  • Restaurant is for eating, not for smoking. Smokers should smoke as much as possible before entering any restaurants and once you are inside, then focus on your foods. Please respect the non smokers who want to enjoy their foods. Dont disturb their appetite from the smell of your smoke.

    Posted 7 years ago by Leng Kapri As Saribasi · Reply

    • To follow-up from above, igarette smoke "disturbing" the health of non-smokers by causing them cancer is a serious matter like attempted murder?...

      Posted 7 years ago by MELVILLE JAYATHISSA · Reply

    • To follow-up from above, cigarette smoke "disturbing" the health of non-smokers by causing them deadly cancer is a serious matter like attempted murder?...

      Posted 7 years ago by MELVILLE JAYATHISSA · Reply

  • I hope the judge will order these Seven Dumbasses to each drink up 77,000 liters of nicotine in front of their parents and kids and say so long, farewell good riddance.

    Smoke all you dumbasses want. But stop annoying the majority of public who wants to eat nice food and drink coffee only.

    Posted 7 years ago by Pakatan Bodoh · Reply