KUALA LUMPUR, Sept 3 — The High Court today threw out an application to review the federal government’s decision to hike charges for foreigners in government hospitals and clinics, on grounds that it has no jurisdiction over executive decisions.
High Court judge Datuk Asmabi Mohamad said the court cannot allow a judicial review of the policy as government policy cannot be questioned in a court of law, and that there has yet to be any notable effect from the minister’s decision.
Sungai Siput MP Dr Jeyakumar Devaraj, who filed the application, said the situation should have been allowed to be ventilated in the court as higher fees could discourage migrant workers from seeking medical attention and increase the spread of diseases such as tuberculosis.
“I think the whole idea of a judicial review is for people to have an avenue for us to question in a healthy democracy, the courts must play a role in allowing people to bring up real concerns,” he told Malay Mail Online when contacted.
“We were told that policy should be discussed in parliament and not in the court. But I don’t see why not. If the issue is effecting me, why can’t I question it?” he added.
Jeyakumar was looking to challenge a circular by the ministry titled “Guidelines on the Implementation of the Fee Order (Medical) (Service Cost) 2014,” which took effect on January 1 this year.
The circular stated that the government would gradually remove subsidies on fees for medical treatment of foreigners at public clinics and hospitals over a four-year period.
Jeyakumar noted that he is considering filing an appeal on the decision.
