Judge recuses from hearing Ambiga's bid

Kota Kinabalu: A Federal Court judge has recused herself from hearing activist Datuk Ambiga Sreenevasan's application for leave to appeal against her travel ban to Sabah.Ambiga's application was supposed to be heard before Chief Justice Tan Sri Md Raus Sharif, Chief Justice of Malaya Tan Sri Ahmad Haji Maarop and Tan Sri Zainun Ali.

However, the apex court could not hear the case as Zainun recused herself from the matter, said Md Raus, when the case was called. No reason was given.

The court fixed Sept 20 for mention of the appeal in Putrajaya with a different panel.

Ambiga was represented by counsel Datuk Gurdial Singh Nijar and Baldev Singh.

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Ambiga is applying for leave to appeal against the Court of Appeal's decision on July 20, 2016 which affirmed the High Court's decision to disallow her judicial review on the Government's decision to bar her from entering Sabah.

Ambiga, as patron of the NGO Negara-Ku, in her judicial review, named Sabah Immigration Director Noor Alam Khan Wahid Khan, Ghulam Jelani Khanizaman (in his capacity as State Authority under Section 62 of the Immigration Act 1959/63), Chief Minister of Sabah (as State Authority under Section 62 of the Immigration Act 1959/63 as Minister responsible for Immigration) and Moktar Yassin Ajim (in his capacity as the Secretary of the Internal Affairs and Research for the State) as first, second, third and fourth respondents, respectively.

Ambiga, 49, a former Bar Council President, filed the application against the Sabah Immigration's Refusal of Entry dated Nov 14, 2014.

She was seeking an Order of Certiorari to quash the said Notice and an Order of Mandamus to compel the respondents to allow her entry into the State.

In her statement of claim, she said Negara-Ku, which advocates national unity, had over 80 non-governmental organisations involved in a citizens' movement for nation building.

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She was planning a visit to the State on Nov 25, 2014 for a programme with the Negara-ku movement.

Senior Federal Counsel Shamsul Bolhassan represented the first respondent while State Counsel Hanafiah Kasim represented the second, third and fourth respondents. - Jo Ann Mool

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