Court throws out Anwar’s appeal for right to vote, orders RM5,000 cost


Amin Iskandar

Jailed opposition leader Anwar Ibrahim today lost his bid to vote in the Permatang Pauh by-election two years ago. – The Malaysian Insight file pic, June 13, 2017.

THE Court of Appeal today dismissed jailed opposition leader Anwar Ibrahim’s suit over his right to vote in the Permatang Pauh by-election two years ago. 

The three-man panel, chaired by Umi Kalthum Abdul Majid, upheld a High Court decision on July 15, 2016, which rejected his bid for a declaration on his right to vote in the by-election on May 7, 2015.

“We reject the appeal with costs and uphold the High Court decision that rejected Anwar’s bid to allow him to vote,” Umi Kalthum said today.

Anwar, 69, who was present at the court today, was ordered to pay the RM5,000 cost.

The High Court had on July 15, 2016, ruled that the Election Commission (EC) has no jurisdiction to bring Anwar to a polling station.

It held that the respective prisoner has to apply to the director-general of the Prisons Department to make the arrangements to allow a prisoner to vote.

N. Surendran, who was part of Anwar’s legal team, said he has already instructed one of his associates to file an appeal at the Federal Court.

Previously, Anwar’s lawyer Gopal Sri Ram said the former Permatang Pauh MP has the right to vote in accordance to Article 119 of the Federal Constitution but it was denied by the EC.

Gopal said the EC has also confirmed in an affidavit by one of his associates that Anwar has the right to vote as he has not been convicted of a crime when he registered to vote in the parliamentary constituency.

However, DPP Amarjeet Singh said it was not the EC which denied the former deputy prime minister’s right to vote.

“Article 119 states that registered voters cannot vote when in prison or if declared insane,” Amarjeet said.

Besides suing for damages and costs, Anwar also demanded that EC take appropriate action to facilitate his voting rights.

Anwar also claimed in a supporting affidavit on April 30, 2015 that his lawyer had sent a letter to the EC to get confirmation if he is allowed to vote in that by-election, but had not received a response until today.

He claimed EC had denied his voting right by not replying to the letter and contravened Article 119 of the Federal Constitution.

Anwar added that he was already a voter in Permatang Pauh before he was convicted at the Federal Court on February 10, 2015, and had voted during the 13th general election in 2013. – June 13, 2017.


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