KUALA LUMPUR, Feb 27 — The High Court here has set May 6 to hear the judicial review application filed by seven individuals to challenge the decision of the Health Ministry to enforce a ban on smoking at all eateries starting Jan 1, 2019.

High Court judge Datuk Azizah Nawawi set the date during the case management in his chambers in the presence of counsel Nasbal Harun representing Mohd Hanizam Yunus and six others while senior federal counsel Shamsul Bolhassan acted on behalf of the Health Ministry as respondent.

"The judge also ordered the parties to file written submissions on or before April 29,” Nasbal told reporters and informed that the same court on Jan 29 had allowed the seven individuals’ application for leave to initiate the judicial review proceedings.

The seven are Mohd Hanizam, 52, Zulkifli Mohamad, 56, Mohd Laisani Dollah, 46, Mohd Sufian Awaludin, 35, Ridzuan Muhammad Noor, 52, Mohd Yazid Mohd Yunus, 48, and Yuri Azhar Abdollah, 39.

In their application, all applicants stated they acted on behalf of themselves and smokers who supported the pro-tem Pertahankan Hak Perokok and named the Health Ministry as the respondent claiming that the ban on smoking was against the Federal Constitution as it was not a criminal activity and the activity was valid from the legal point of view guaranteed under the constitution.

According to them, smokers have the same right as non-smokers to visit and patronise food premises.

They claimed Malaysians who smoke were constructively isolated and discriminated from visiting food premises due to the smoking ban which is against the provisions and principles of law and was wrong in the procedure as the respondent did not meet smokers or stakeholders to discuss the enforcement of the ban.

Besides, they said the government also did not allocate a separate smoking area or provide for food premises operators to exercise their discretion in providing a separate smoking area.

They are seeking for a certiorari order to cancel the decision of the ministry and seek a declaration that the enforcement decision contradicts the Federal Constitution.

They are also seeking a restraining order to prevent the same respondent either through itself or its agent or representative from enforcing the ban.

The Health Ministry had issued an order banning smoking at all restaurants and food premises effective Jan 1, 2019, including at air-conditioned restaurants and open stalls. — Bernama