PUTRAJAYA: A lawyer’s bid to challenge the introduction of a departure levy for Malaysians travelling abroad has been rejected by the Federal Court. R. Kengadharan was denied leave to appeal by a three-judge panel, consisting of Justices Nallini Pathmanathan, Hasnah Mohammed Hashim and Nordin Hassan.
Justice Nallini confirmed that the departure levy law is valid, dismissing Kengadharan’s appeal. She stated that the Departure Levy Act 2019 does not infringe upon an individual’s right to travel abroad; instead, it imposes a tax on those departing from the country. She added, “The ability to depart from a country is not an issue. So Article 5(1) of the Federal Constitution, which pertains to the right to life and personal liberty, is not affected.”
Furthermore, Justice Nallini concluded that Kengadharan did not meet the requirements under Section 96(b) of the Courts of Judicature Act 1964 and thus could not be granted leave to appeal. She also stated that Kengadharan’s case was not strong enough to challenge the previous legal authority established in the 1979 case of Government of Malaysia vs Loh Wai Kong. In that case, the Federal Court rejected Loh’s claim that Malaysian citizens had a fundamental right to travel overseas under Article 5 of the Federal Constitution.
In his lawsuit against the Finance Minister and the government, Kengadharan argued that the Departure Levy Act and the Departure Levy Order 2019 were invalid and violated his fundamental right to travel. He contended that any form of tax, including a departure tax for individuals undertaking religious pilgrimages or the haj, is an infringement of fundamental liberties. Furthermore, he claimed that the additional burden of a departure tax, on top of existing service and airport taxes, would be excessive and unfair.
Kengadharan was represented by lawyers A. Srimurugan and Dr Shamsher Singh Thind, while senior federal counsel Suzana Atan appeared on behalf of the Finance Minister and the government.
Credit: The Star : News Feed
