The Court of Appeal declared today that a provision in the Universities and University Colleges Act (UUCA) 1971 which restricts students from expressing in support of, or opposing, any political party, is unconstitutional.
Datuk Mohd Hishamuddin Mohd Yunus and Datuk Linton Albert allowed the appeal brought by four political science undergraduates of Universiti Kebangsaan Malaysia (UKM) – Muhammad Hilman Idham, Woon King Chai, Muhammad Ismail Aminuddin and Azlin Shafina Mohamad Adza – who faced disciplinary action for being present during the campaign for the Hulu Selangor parliamentary by-election on April 24 last year.
Datuk Wira Low Hop Bing, who led the panel dissented, and ruled that the restriction was necessary to prevent infiltration of political ideologies among students who were "vulnerable, capable of being subjected to peer pressure and easily influenced," pointing out that this would affect the universities' primary purpose in pursuit of education.
In Justice Hishamuddin's 21-page judgment, he said Section 15(5)(a) was irrational as it impeded the healthy development of the critical mind and original thoughts of students, the objective which, he said, higher learning institutions should strive to achieve.
Hishamuddin said: "Universities should be the breeding ground of reformers and thinkers, and not institutions to produce students trained as robots. Clearly the provision is not only counter-productive but repressive in nature."
He said freedom of expression was one of the most fundamental rights that individuals enjoy and that right was also recognised in numerous human rights documents such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights.
"It is fundamental to the existence of democracy and the respect of human dignity," said Hishamuddin who added that freedom of speech was accorded pre-eminent status in the constitutions of many countries.
The judge also said he was at loss to understand in what manner a student, who expresses support for, or opposition against, a political party could harm or bring about an adverse effect on public order or public morality.
"Are not political parties legal entities carrying out legitimate political activities? Are not political leaders, including ministers and members of the federal and state legislatures, members of political parties?" he said.
Hishamuddin said most university students were of the age of maturity where they could enter into contracts, sue and be sued, can marry and become parents and undertake parental responsibilities, vote in general elections if they were 21 years of age.
"Yet lies herein the irony that they were told that legally they cannot say anything that can be construed as supporting or opposing a political party," he said.
The court overturned a High Court's dismissal on Sept 28 last year of the four's originating summons against the government, higher education minister and the university to challenge the university's action to take disciplinary action against them.
In their originating summons, the four claimed they received notice from UKM requiring them to appear before a disciplinary tribunal to answer charges of alleged breach of Section 15(5)(a) of the Act.
They were, however, found not guilty by the board. All four political science students graduated last month. Continue reading here.
source:theSundaily
Judgements...
Mohd Hishamudin Mohd Yunus
Linton Albert
Low Hop Bing
Mahkamah Rayuan: Seksyen 15(5) AUKU tidak sah
cheers.
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