High court dismisses Anwar's application to challenge prison's order

KUALA LUMPUR: The High Court here today dismissed an application by Datuk Seri Anwar Ibrahim (pix) and his family to challenge a decision by Sungai Buloh Prison Director in not allowing him to have physical contact with family members during their visits to the prison.

When handing down the judgment, judge Datuk Nik Hasmat Nik Mohamad ruled that a prisoner is subjected to orders and regulations by the Prisons Director-General.

She said the court could not interfere in the decision-making process of the Prisons' Department.

The decision by the prison authority in not allowing physical contact during visits is not something that is not rational, invalid and against procedures, she said.

She also said it was not necessary for the prison authorities to give a reason for rejecting Anwar's application.
"The fact is, the applicant (Anwar) is a convict and is subjected to all orders and regulations set by the Prisons Director-General," she added.

Nik Hasmat ordered Anwar to pay costs of RM1,000 to the respondents, comprising Sungai Buloh Prison's Director, Prisons Commissioner-General and Home Minister.

Besides Anwar, 69, the other applicants named are his wife, Datuk Seri Dr Wan Azizah Wan Ismail, 64, and their four daughters, Nurul Izzah, 36, Nurul Nuha, 33, Nurul Ilham, 29, and Nurul Iman, 26.

Also named in the application are Nurul Izzah's sons, Raja Nur Safiyah Raja Ahmad Shahrir Iskandar, 10, and Raja Ahmad Harith, aged eight years; and Nurul Nuha's sons, Sulaimaan Mohamad Khairul and Yahya, aged five and four years, respectively.
They sought an order to revoke a decision made on March 14, 2016, by the Sungai Buloh Prison director in not allowing Anwar to have physical contact with family members during their visits to the prison.

They claimed that during the visits, they were separated by a glass screen and could only speak with each other through the telephone.

Anwar, who is currently serving a five-year prison sentence after being found guilty of sodomising his former aide Mohd Saiful Bukhari Azlan, is allowed visitors once in three weeks.

In a letter sent through his solicitor, dated March 2, 2016, to the three respondents, Anwar applied to be allowed to have physical contact with his family members during their visits, but it was rejected by the Sungai Buloh Prison director in a letter dated March 14, 2016.

On Nov 3, 2016, Anwar and his family were granted leave by the court to challenge the decision by the Sungai Buloh Prison director on grounds that there were issues that needed to be tried and Anwar's application was not frivolous and vexatious.

Lawyer N. Surendran, representing the applicants, when met by reporters, said they would appeal against today's decision. — Bernama