Physical contact: Anwar obtains leave to challenge prison's decision

Datuk Seri Anwar Ibrahim today obtained leave to initiate a judicial review proceeding to challenge the Sungai Buloh Prison's decision that disallowed him from having physical contact with his family members when they visit him at the prison.

High Court Judge Datuk Nik Hasmat Nik Mohamad made the decision after finding that there were issues that needed to be tried and Anwar's application was not frivolous and vexatious.

"I did not find difficulty in giving spontaneous decision for this case because it is only for leave application. The application is not frivolous and vexatious. So, I grant the leave application without order as to cost," she said.

The court also set Nov 17 for case management.

Earlier, lawyer N. Surendran representing Anwar argued that the prison's decision to disallow physical contact between Anwar and his family members during prison visits had breached his client's legal right.

"It is unreasonable for the department (Sungai Buloh Prison) to deny without giving any reason," he said.

Senior federal counsel Suzana Atan in her submission said Anwar and his family did not qualify to be granted a mandamus order for the prison to allow them to have physical contact during the prison visits.

Anwar, who was given the opportunity by the court to state his reasons for making the application said: "The application (physical contact) is to enable other inmates to enjoy the same benefit if the court allow it.

"I just want to touch and hug my children and grandchildren when they visit me at the prison because before this, we were disallowed to have any physical contact," said Anwar.

Besides the 68-year-old Anwar, other applicants for the judicial review were his wife, Datin Seri Dr Wan Azizah Wan Ismail, 63, and their four daughters Nurul Izzah, 35; Nurul Nuha, 32; Nurul Ilham, 28, and Nurul Iman, 25.

Also Nurul Izzah's children, Raja Nur Safiyah Raja Ahmad Shahrir Iskandar and Raja Ahmad Harith, aged nine and seven years respectively, and Nurul Nuha's children, Sulaimaan Mohamad Khairul and Yahya, aged four and three years, respectively.

They named the prison director, the prison commissioner-general and the Home Minister as respondents.

They are seeking an order to quash the decision of the Sungai Buloh Prison director made on March 14 that had disallowed physical contact between Anwar and all of his family members, in response to Anwar's written request through his solicitor on March 2.

The family claimed that during their visits once every three weeks, they could only communicate with Anwar, who is serving a five-year jail sentence for sodomising his former aide Mohd Saiful Bukhari Azlan, through the telephone, as a glass panel had been placed between them barring any physical contact.

-- BERNAMA