(The Star) - Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar has no qualified rights to get his passport released from the court to seek medical treatment abroad, the High Court heard.
DPP Noorin Badaruddin was objecting to Uthayakumar’s passport being returned saying that Government had the power to stop any citizen from travelling overseas if the person had a criminal charge.
“The passport is issued under the name of the DYMM (the King) and under the control of the Home Ministry.
“His rights to travel abroad could be restricted if he has a criminal charge,” DPP Noorin submitted before High Court Judicial Commissioner Zainal Azman Ab Aziz Tuesday.
DPP Noorin said the prosecution was concerned over the revision application by Uthayakumar for the release of his passport as they wanted to ensure that there was no delay in his sedition trial.
“In the case of (Malaysia Today news portal editor) Raja Petra Raja Kamarudin, he had been gone missing which resulted in his cases (sedition and criminal defamation trial) to be postponed until today,” contended DPP Noorin.
Uthayakumar, 48, had claimed trial at a Sessions Court here on Dec 11, 2007 to publishing a seditious letter addressed to British Prime Minister Gordon Brown on a website.
He was said to have committed the offence at Menara Mutiara Bangsar between Nov 15 and Dec 8, 2007.
Uthayakumar filed the revision application on May 18 to get his passport back and to reduce his bail amount saying that he needed to seek medical treatment abroad for his heart condition.
Besides that, DPP Noorin argued that there were restrictions imposed against Uthayakumar by the Home Minister when the applicant was given a conditional release from the ISA detention on May 9.
Among others, she said, the applicant (Uthayakumar) cannot change his residential area to another place without getting a written order from the concerned state police chief.
“He has to report to the Brickfields district police chief,” she said, adding that the court had to look at his status and severity of the offence.
DPP Noorin applied to the court not to violate the administrative order by the Home Ministry.
“There is no evidence or proof to show that Uthayakumar is really sick and that he has to seek medical treatment overseas. Is there (any) exceptional circumstances, were not shown by the way of affidavits,” she said.
Even if Uthayakumar was sick, she said, there were no documents filed in the court to show that the medical treatment was not available in the country.
She said the RM50,000 bail set by Sessions Court judge Sabariah Othman was reasonable in view that the offence was a non-bailable offence.
However, his lawyer N. Surendran argued that the offence was bailable and the bail amount was too excessive.
He argued that the bail conditions imposed by Sessions Court judge was an error.
Surendran said Uthayakumar had not signed the restriction order and that it was prejudicial and was issued on bad faith.
The judge set July 10 for decision over the revision application.
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