Nallini Pathmanathan FCJ:

JUDGMENT

Introduction

[1]For the full comprehension of the people of this nation, the net effect of the judgment of the majority of this Court is that:

a)In this day and age, namely the 21^st century, the right to travel outside of Malaysia is not a fundamental liberty under art 5 of the Federal Constitution, even if you have a valid passport – it is only a privilege;

b)A person can be prohibited from travelling outside of Malaysia by the Director-General of Immigration by a law which is merely procedurally correct, without regard to its constitutional validity;

c)A decision to prohibit any person from travelling outside of Malaysia is imposed at the discretion of the Executive;

d)That decision of the Executive to prohibit or ban the citizen from travelling outside of Malaysia cannot be judicially scrutinized or reviewed by the superior Courts;

e)The law on which the decision was based is also immune from judicial scrutiny as to its constitutionality, because Parliament is entitled to legislate as it thinks fit;

f)When any person is prohibited from travelling, he cannot object or be heard on the issue of why the decision to prohibit him from travelling outside of Ma