PETALING JAYA, Dec 31 — With a nationwide smoking ban set to be enforced from midnight onwards, the protem committee of a group for smokers’ rights has today filed an application for a judicial review to challenge the ban.
The application was filed at the Kuala Lumpur High Court by lawyer Mohamed Haniff Khatri Abdulla on behalf of Mohd Hanizam Yunus, Mohd Laisani Abdullah and five others.
The Health Ministry of Malaysia is named as the sole respondent in the application.
According to court documents sighted by Malay Mail, the group is seeking a declaration that the ban is unconstitutional and an injunction against the ministry from enforcing the smoking ban.
The seven plaintiffs have also sought a full suspension of the ban until the merits of the application are heard and decided by the court.
Among the seven reasons the group stated for the civil suit was that smoking is not a crime and legal as enshrined by the Federal Constitution.
They also cited the equality in rights with non-smokers as grounds for the application.
“The rights to enter eateries are rendered illusory as they are not allowed to smoke, which has ‘hurt their rights’,” another reason stated.
They further claimed that constructive rights of smokers to enjoy food establishments are violated or discriminated against.
Another reason was that ban was unreasonable and disproportionate, as the government did not outlaw smoking but instead collected taxes from it.
Finally, the group stated that the government did not provide alternative venues for eateries to allow smokers to smoke.
