"The Immigration director-general had deposed that the grounds for the blacklisting was that the appellant had ridiculed the government at different forums and illegal assemblies, ” said Senior Federal Counsel Shamsul Bolhassan, who appeared for the Home Minister and Immigration DG, in his argument to Maria’s lawyer’s Datuk Gurdial Singh Nijar’s submissions in the appeal proceedings.
He said by relying on a departmental internal circular to prevent the Petaling Jaya MP from going overseas in 2016, the respondents had restricted her freedom of speech and assembly enshrined under Article 10 of the Federal Constitution. The lawyer said Section 3 or Section 4 of the Immigration Act 1959 does not confer the power to the Immigration DG to impose a travel ban or to issue a circular that carried with it the force of law, while Article 10 of the Federal Constitution states only Parliament and not the Executive may restrict the freedom of speech and assembly.
Although Maria's travel ban was lifted, she should not be left without a remedy, the lawyer said, adding that she should be awarded monetary compensation in the light of constitutional violation committed by the respondents.
Source: Holiday News (holidaynews.net)
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