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Judge Zainal Azman Abdul Aziz said Jehan Abdullah, Phang Long Yen and A Dana Palan had the legal standing to bring the action but their remedy was in an election as the issue was one of policy.
“If the people are unhappy, it should be shown at the ballot box,” he said.
Azman said it was also not necessary to gazette the decision to introduce Jawi as the newspapers had carried the information on the MPK.
He said the local authority had also posted letters to inform all business premises in the locality on the directive.
“Further, the state authority has the power to direct the MPK to introduce Jawi on signboards,” he said, adding that it was a policy decision that the court could not interfere with.
The applicants had also sought a declaration that Section 107 (2) of the Local Government Act (LGA) 1976 is in breach of Article 8 of the Federal Constitution on grounds that it denied citizens access to justice and the clause was arbitrary in nature.
That provision states that every licence or permit granted shall be subject to conditions and restrictions as the local authority may think fit and shall be revocable at any time without giving a reason.
On this, Azman said the applicants should have gone straight to the Federal Court to file a challenge under Article 4(4) of the constitution.
Jehan, Phang and Dana Palan were also ordered to pay RM5,000 to the MPK and another RM5,000 to the state government.
Lawyer T Gunaseelan, who represented the three, said he has instructions to file an appeal.
Jehan, Phang and Dana Palan want the High Court to quash the state executive council’s decision on March 1, 2018 to “uplift” the use of Jawi.
The trio also want the local authority to revoke an order dated April 3, 2019 for all business outlets under its jurisdiction to prominently display the Jawi signage.
State Local Government and Housing Committee chairman Abd Rahim Muda said on Dec 31 that those who disobeyed the order could be fined up to RM250.
He said their business licences could also be revoked if they refused to follow the directive.
Pahang had announced that all business premises and road signs in the state should use Jawi, with the script equal in size to the Roman letters.
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