Can or cannot according to 'ikut suka hati' discretion?

Pua took a swipe at Immigration DG over 'ban based on discretion' remarks

Immigration director-general Sakib Kusmi's assertion that he is empowered to bar any individual from leaving the country based on his discretion calls into question whether Malaysia is ruled by law.

This is the view of Petaling Jaya Utara MP Tony Pua, who has been barred from leaving the country since July 2015 without a reason given.

"We are supposed to have rule of law. But what we have is rule by ikut suka hati (follow one's fancy)...

"Why am I barred? Because you don't like my face?" he asked in a Facebook post, in reference to Sakib's statement this morning.

Pua, who filed a judicial review on the travel ban, added that he was not under arrest or was a suspect in a criminal case.

The court will hear submissions over the legality of the ban on July 28.

Pua said the ban went beyond the jurisdiction of the Immigration Department.

Bersih chairperson Maria Chin Abdullah was also barred from leaving the country this month.

Deputy Home Minister Nur Jazlan Mohamed was initially quoted as saying that those who ridiculed the government could be barred from leaving.

He later clarified that the ban “is for those who are a threat to national security or have committed acts that violates the Federal Constitution".

Sakib told reporters today the travel ban was based on his discretion and the advice of other enforcement agencies.

He said this was a preventive measure and that in some cases, people not only criticised the state, but insulted the government.

Section 3(2) of the Immigration Act, states that the "director-general shall have the general supervision and direction of all matters relating to immigration throughout Malaysia".

The act also states that the immigration chief is given powers to bar entry into Malaysia, but there is no specific provision on leaving the country.

Source -MKini-