Court Dismisses Application By The Edge For Stay Of Suspension Order


KUALA LUMPUR, Aug 14 – The High Court here dismissed the application by The Edge Communications Sdn Bhd for a stay of the suspension order by the Home Minister on two of its publications for three months.

Judge Datuk Asmabi Mohamad made the decision in chambers today.

Senior federal counsel Alice Loke, who represented the Home Ministry, told the media that the judge dismissed the application on the ground that the publisher did not show special circumstances to grant the stay.

“The judge gave three reasons.

She said that the review could result in a compensation award, that the publications did not justify their claim that the ban would cause them irreparable harm and that they had not shown any special circumstances to warrant a stay,” she said.

On Aug 5, The Edge Communications Sdn Bhd secured leave to apply for a judicial review over the suspension of two of its publications The Edge Weekly and The Edge Financial Daily by the Home Ministry.

However, Asmabi dismissed its application for the suspension to be lifted pending the inter-parte hearing of the application.

The company had filed an application for leave for a judicial review on July 27 by naming the Home Ministry’s secretary-general and the Home Minister as the respondents.

The Edge Communications Sdn Bhd had applied for leave to institute proceedings under Order 53 Rule 3 of the Rules of Court 2012 for an order of certiorari for the court to quash the decision of the home minister.

The company also sought an interim order for a stay of the execution of the decision pending the outcome of the hearing of the application and costs.

The Home Minister, in a letter dated July 23 signed by one Hashimah Nik Jaafar on behalf of the minister, notified the company of the suspension of the publishing permits of both publications.

According to a letter sent to the senior managing editor of the company, Ahmad Azam Mohd Aris, the ministry said the articles on 1Malaysia Development Berhad (1MDB) by The Edge were detrimental to public order, security and national interest.

It also said that the failure to comply with the suspension order would result in the revocation of the publishing permits of the publications.

The court set Sept 7 to hear the judicial review application.



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