THE owners of Crackhouse Comedy Club Mohamad Rizal Johan van Geyzel and Shankar R. Santhiram today filed a legal action to challenge the Kuala Lumpur City Hall’s (DBKL) for revoking its business licence and banning them from starting any business in the city permanently. 

Rizal and Shankar filed the judicial review at the Kuala Lumpur High Court on November 24, naming DBKL, Kuala Lumpur Mayor Mahadi Che Ngah, then Federal Territories deputy minister Jalaluddin Alias, the Federal Territories Ministry, and the government as respondents. 

Lawyer M. Pravin, who represents the owners, confirmed the application today when contacted, adding that online case management of the application before judge Amarjeet Singh has been set for January 26. 

The owners are seeking a declaration that the decision to revoke the club’s licence was against the law and a declaration that the decision made by Jalaluddin, as well as the ministry, to ban them from registering any business in Kuala Lumpur permanently even under another name and company, was unconstitutional. 

They also requested a court order to cancel the decision on the grounds they have a fundamental right under the Federal Constitution to conduct business with a valid licence in Kuala Lumpur. 

In their supporting affidavit, they said on August 17 last year, Jalaluddin had issued a statement informing that the DBKL licensing committee decided to cancel the comedy club’s licence effective July 30 the same year, and the owners were permanently blacklisted from registering a business in Kuala Lumpur, adding that this decision had severely affected them as entrepreneurs. 

Rizal and Shankar also claimed they never received any official notice or letter from DBKL on the matter. 

Sessions Court judge Nor Hasniah Ab Razak fixed January 20 for the decision on the representation submitted by Rizal against the charges of creating and initiating the distribution of videos that touch on racial sensitivity on Facebook, Instagram and TikTok that were brought against him. 

Nor Hasniah set the date after deputy public prosecutor Christopher Enteri Mawan informed the court today that the prosecution had yet to receive the decision on the representation, which was filed on December 12. 

According to the three charges, Rizal, 40, was accused of making and initiating the transmission of offensive communications with intent to offend others via Facebook using the profile name “Rizal van Geyzel”, Instagram with the profile name “rizalvangeyzel”, and TikTok with the profile name “rizalvangeyzel”, between July 4 and 6, 2022. 

The three posts were read at the Cyber and Multimedia Crime Investigation Division Office, Bukit Aman Commercial Crime Investigation Department, Bukit Aman Police Headquarters, 27th Floor, KPJ Tower, Kuala Lumpur, at 1.17pm on July 13. 

The charges were framed under section 233(1)(a) of the Communications and Multimedia Act 1998, punishable under section 233(3) of the same act, which provides for a maximum fine of RM50,000, imprisonment not exceeding a year, or both upon conviction, and a further RM1,000 fine for every day the offence was repeated after conviction. – Bernama, January 5, 2023.