JUDGMENT

Ajaib Singh SCJ:

This is an appeal brought by the Minister of Home Affairs against the order of the High Court dated 2 September 1987 whereby the High Court quashed the decision of the Minister of Home Affairs dated 27 April 1987 wherein the Minister of Home Affairs had rejected an application by the respondents - Persatuan Aliran Kesedaran Negara (Aliran) - for a permit under s. 6(1)(a) of the Printing Presses and Publications Act 1984 to print and publish in Bahasa Malaysia a magazine under the name and style of Seruan Aliran.

On 10 June 1987 by way of ex parte notice of motion the High Court granted leave to Aliran to apply for an order of certiorari to remove into the High Court for the purpose of quashing the decision of the Minister of Home Affairs dated 27 April 1987 and for an order of mandamus directing the Minister of Home Affairs to hear and determine according to law Aliran's application for the permit to print and publish in Bahasa Malaysia a magazine under the name and style of Seruan Aliran.

Pursuant to the order obtained by Aliran on 10 June 1987 Aliran applied for and obtained an order from the High Court dated 2 September 1987 whereby the decision of the Minister of Home Affairs dated 27 April 1987 was quashed and it was further ordered that the Minister of Home Affairs shall hear and determine according to law Aliran's application for the permit within 30 days.

In support of Aliran's application for the order of certiorari the President of Aliran Dr. Chandra Muzaffar filed an affidavit stating inter alia as follows:

Aliran is a society registered under the Societies Act 1966 (registered on 25 January 1977). Sometime in 1983 Aliran applied to the Minister of Home Affairs (the Minister) for a publication permit under s. 7(1) of the Printing Presses Act 1948 to publish in English a monthly magazine under the name and style of Aliran Monthly. Aliran's application was for the magazine to be published solely in English. By letter dated 27 December 1983 Aliran was granted a publication permit to print the said magazine. The publication permit to publish Aliran Monthly has been renewed annually since 1983.

By an application in writing dated 13 November 1983 Aliran applied to the Minister for a publication permit under s. 7(1) of the Printing Presses Act 1948 in respect of a monthly magazine to be published in Bahasa Malaysia under the name and style of Seruan Aliran.

By letter dated 17 March 1984 Aliran's application for a permit to print and publish Seruan Aliran was rejected by the Minister.

By letter dated 14 April 1984 Aliran appealed to His Majesty the Yang di-Pertuan Agong under s. 7(6) of the Printing Presses Act 1948 against the refusal by the Minister to grant a permit to print and publish Seruan Aliran. His Majesty the Yang di-Pertuan Agong did not make any decision on our appeal.

After a two-year interval Aliran decided to apply again this time for a fortnightly magazine to be published in Bahasa Malaysia. Our application made in writing dated 12 November 1986 related to a printing and publication permit to print and publish in Bahasa Malaysia a magazine under the name and style of Seruan Aliran. It was made pursuant to s. 6(1) of the Printing Presses and Publications Act 1984 (the 1984 Act). We proposed to include in Seruan Aliran reports and comments relating to current affairs with the purpose of developing unity in the country.

By letter dated 27 April 1987 we were informed that the Minister had rejected our application for the printing and publishing of Seruan Aliran. No reasons for the refusal were given in his letter. Accordingly we are not in a position to comment on his reasons if he had any.

For the reasons set out in para. C of the statement filed in this application Aliran is of the opinion that the Minister exercised his discretion under s. 6 of the 1984 Act wrongly and improperly.

(Paragraph C in the statement supporting Aliran's application for an order of certiorari sets out the g