Is sub judice while case pending in court

Gobind Singh ticks off immigration DG for declaring  his power to bar gov't critics

Immigration director-general (DG) Sakib Kusmi's claim that he is empowered to bar government critics from leaving the country is sub judice, claims Puchong MP Gobind Singh Deo.

Gobind said this was because the issue of the immigration DG's powers was pending in court and it was up to the courts to decide on the matter.

Gobind was referring to Petaling Jaya Utara MP Tony Pua's challenge on the travel ban against him even though he is not facing any criminal charges.

“To my mind, these comments are sub judice and disrespectful of the Kuala Lumpur High Court which is currently hearing submissions as to whether or not the DG does have any such power and if he does, whether or not decisions he make as a consequence are subject to judicial review.

"Pua sued him (Sakib) for barring him from travelling overseas and he is fully aware of the fact that the matter is yet to be decided by court.

"So why is he being disrespectful by insisting publicly again and again that he has powers when such is yet to be determined by the court?

"The DG can scream as loud as he wants but it is for the court to decide if the Immigration Act gives him powers to ban anyone from travelling abroad arbitrarily," said Gobind, who is acting as counsel for Pua.

Gobind said Sakib's public pronouncement merited a response and proceeded to elaborate on the legal aspect of the latter's claim.

"Dealing with the legal position, I take the view that Section 3(2) of the Immigration Act in no way confers on the DG powers to stop people from travelling abroad.

"In fact, it is very clear that the act only states that the DG is given powers to bar entry into Malaysia, but there is no specific provision on leaving the country.

"That in itself reflects the fact that Parliament did not intend to give the DG powers to stop people from leaving the country, what more arbitrarily.

"There is also nothing in the act which gives him an absolute discretion to determine what amounts to conduct which warrants an order barring anyone from leaving the country," said Gobind.

He added this matter would ultimately be decided by the High Court in Kuala Lumpur on July 28.

Yesterday, Sakib defended the travel ban against government critics, claiming that he had the power to do so.

"For example, if the police say someone is dangerous, even though it (the matter) has not gone to court yet, we can take action," he was quoted as saying.

Source -MKini-