Court sets May 6 to hear judicial review on smoking ban

: The High Court here has set May 6 to hear the judicial review application filed by seven individuals to challenge the decision of the Health Ministry to enforce a ban on smoking at all eateries, which started on Jan 1, 2019.

“The judge also ordered the parties to file written submissions on or before April 29,” Nasbal told reporters and informed that the same court on Jan 29 had allowed the seven individuals’ application for leave to initiate the judicial review proceedings. In their application, all applicants stated they acted on behalf of themselves and smokers who supported the pro-tem Pertahankan Hak Perokok and named the Health Ministry as the respondent claiming that the ban on smoking was against the Federal Constitution, as it was not a criminal activity and the activity was valid from the legal point of view guaranteed under the constitution.

They are seeking for a certiorari order to cancel the decision of the ministry and seek a declaration that the enforcement decision contradicts the Federal Constitution.

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