Court dismisses five students' suits against UM, UKM

KUALA LUMPUR: Five public university students today failed in their bid to file summons against their universities over the disciplinary action imposed on them for participating in a peaceful assembly last year.
They are, four University Malaya (UM) students – Anis Syafiqah Md Yusof, 25; Mohamad Luqman Nul Haqim Zul Razali, 24; Muhammad Luqman Hakim Mohd Fazli, 23; and Suhail Wan Azahar, 23 – while Asheeq Ali Sethi Alivi, 23, is a student of Universiti Kebangsaan Malaysia (UKM).
High Court Judge S. Nantha Balan dismissed the originating summons filed by the students after finding that the application had no merit.
The UM students filed the originating summons on Dec 27, 2016 while Asheeq Ali filed the originating summons on Jan 16, this year.
Nantha Balan, in his judgment, said that Section 15(3) of the Universities and University Colleges Act 1971 (UCCA) prohibited a student of a university from doing anything to show sympathy or support, to any society organisation, body or group which the board determined to be unsuitable to the interest and well-being of the students or the university.
"For my part, I am unable to see how it can be said that Section 15(3) UCCA contravenes the rights granted by Article 10 of the Federal Constitution. It is clear that there is nothing in Section 15(3) UCCA that prohibits the right of the plaintiffs to assemble. Indeed, for any restriction to amount to a prohibition, it has to be a total prohibition before it can be said to violate the fundamental liberties of the plaintiffs," he said.
The judge was also of the view that matters of discipline of the students and the regulation of student behaviour and conduct within and outside the university must necessarily form part of public order or morality.
"As was correctly submitted, a university is where students gain knowledge and continue their learning and training on what is right and wrong, what is legal and what is not.
"Ultimately, the question here is whether the students of the public universities are bound to comply with the UCCA and the Rules. I have no doubts that they are bound. Indeed, when they became students of the universities, they agreed to abide by inter-alia, the universities Rules and the plaintiffs maintain that they did nothing illegal," he said.
In the summons, the plaintiffs said on Aug 27, 2016, they participated in a peaceful assembly at the federal capital to urge the government take measures on an individual named "Malaysian Official 1".
Anis Syafiqah, a final year student of the Language and Linguistics Faculty; Mohamad Luqman Nul Haqim, Muhammad Luqman Hakim and Suhail of the Islamic Studies Faculty were each fined RM400 and given a warning.
Anis Syafiqah, who is Kesatuan Mahasiswa Malaysia (Kesatuan) chairman, Mohamad Luqman Nul Haqim and Muhammad Luqman Hakim were suspended for one semester, beginning February.
Asheeq Ali was fined RM200 and was suspended for one semester with immediate effect.
When met outside the court, Asheeq Ali told reporters that they would file an appeal at the Court of Appeal. — Bernama