YOURSAY | ‘Are Maria Chin, Tony Pua and Ambiga Sreenevasan terrorists?’

I decide if gov't critics can leave M'sia, says Immigration DG

P Dev Anand Pillai: Since there is an admission by a civil servant that he has the final say, who checks on his discretionary powers?

Isn't that subject to judicial review? So every time someone is barred from leaving the country, a judicial review is necessitated?

What about Article 5 (pertaining to personal liberty) of the Federal Constitution? Isn't that being contravened? Even if the Immigration Act states that the DG has the power, doesn't the Federal Constitution supersede that? Article 4 clearly states so.

So again, it all boils down to the wisdom of the Attorney-General's Chambers and the law lords in the Palace of Justice. Malaysia, oh Malaysia, what hast thou become?

Telestai!: Immigration director-general Sakib Kusmi, surely your discretionary power is not without responsibility.

Please name a country, except for repressive regimes, where the government of the day has absolute power to do as it wishes, without a care for the welfare and the rights of its citizens?

Even the president of the US cannot do as he wishes. Every action taken by him is backed by sound justification or by provisions of the law.

As far as I know, only God has absolute powers. But then, you are no god.

Goldee: Malaysia always score 'firsts' for the wrong reasons. So critics of the government can be barred from leaving the country. This is first of its kind in a democratic country.

In normal circumstances, the Immigration Department will take instructions from the police or orders from the court.

Foreigners with bad records are barred from entering into the country when Immigration receives information from the police or Interpol.

How can Malaysia achieve developed nation status come 2020, when we still have a third world mentality?

Tailek: In a real democracy, the public is free to criticise even to the point of insulting the government of the day. If any leader feels he has been insulted to the point of being slandered, he can sue the person who insulted him or her in court.

This should not be a matter which involves Immigration. Those denied leave to exit the country should take this issue all the way to the Federal Court for a ruling. This is not a police state where petty Napoleons can do as they please.

Wira: Has someone affected by the exit ban, like Bersih leader Maria Chin Abdullah, instituted a class action suit against the DG and the Malaysian government?

Certainly, Parliament never meant to give such powers to a civil servant, that he can prohibit a citizen from leaving the country.

Anonymous 1890491455255851: So members of the government who insult, abuse laws, play racial politics and indulge in corruption, do not get banned? Sounds like double standard to me.

Aquinas Says: In Malaysia, having discretionary power is a licence to extract bribes and to do the bidding of political masters. Where is the duty to exercise those powers reasonably, without fear or favour, and equitably?

Often those in government or aligned to Umno have made very incendiary, racist, provocative and seditious statements against individuals, race or communities, but they remain at large with no restrictions imposed.

Statements like the ones made by the Immigration director-general is a symptom of the malaise affecting our nation today, and the reason why this government has lost so much credibility, not only in the eyes of our people, but in the world at large.

We, the people, have to decide what kind of future we want to have in this country before it is decided for us.

681 American Pies: Sakib, you forget you are a civil servant. Our tax monies pay your salary. Are Maria Chin, Tony Pua and Ambiga Sreenevasan terrorists?

Myviews: This DG is what we called a "little Napoleon". Even the deputy home minister does not interpret the law the way the DG does.

There are thousands of these little Napoleons in the civil service, all because of an almost mono-ethnic setup.

Even during former premier Dr Mahathir Mohamad's time, the public had a difficult time getting things done. And when things cannot go smoothly as it should, corruption soon sets in.

Benghazi: What the heck is “positive criticism”? I've never heard such a term. “Constructive criticism” yes.

Since there's no specific mention of law on people leaving, this DG is abusing his power. What harm is there when people exit the country? Afraid of them setting up a government in exile?

This country is fast moving towards the North Korean model by the day. All government machinery is being abused to prop up a tainted prime minister.

Kawak: Hello, the DG of Immigration. Are you sure Section 3 (2) of the Act gives you the power to prevent citizens from leaving the country?

Please do not stretch the meaning of Section 3 (2) to justify your action to "bodek" the people in power.

I hope those who were prevented from leaving because they criticised the Umno BN government should challenge the DG's interpretation of the law.

Cogito Ergo Sum: So, a critic is a criminal? Your lapse in duty had resulted in a criminal on death row to escape the country and justice. That is a big stain on your distinguished service record, sir.

You have failed in your duties and to the people you serve. It appears you are more powerful than even your political masters.

Xiao Zhu: He can't even prevent his staff from engaging in corruption at entry points, but can 'talk big'.

The act says you have the right to bar the entry of foreigners but nothing was mentioned on barring Malaysian citizens from leaving the country. This is just plain and simple abuse of power.

Angel: If that is true and you love the country, impound Jho Low's passport so that he can be brought back and charged with cheating the country.

Hcleong: This kind of reasoning by Sakib is a disgrace to his department. The laws provide him power to manage immigration, but not at his whim and fancy, to stop anyone from moving freely.

If he wants to stop Maria Chin from going overseas to receive her award, Sakib must give a good enough reason to convince the rakyat that what he is doing is valid, and good for Malaysia.

Anonymous #40538199: If only those fugitive directors of SRC International, the Finance Ministry's company, were prevented from leaving the country, the issues surrounding the huge amount of money found in PM Najib Razak's personal accounts, would have been cleared beyond any doubt.

Oscar Kilo: Critics cannot leave the country but criminals and convicted murderers can leave any time they wish.

The above is a selection of comments posted by Malaysiakini subscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda. Subscribe now.

These comments are compiled to reflect the views of Malaysiakini subscribers on matters of public interest. Malaysiakini does not intend to represent these views as fact.