The Registrar of Societies had no right to reject the application by Parti Sosialis Malaysia (PSM) to register itself as a political party as the latter had satisfied all the requirements in the Societies Act, a Kuala Lumpur High Court heard today.

PSM counsel R Kesavan submitted this to Justice Abdul Hamid Said in a courtroom packed with party supporters.

He said both the home minister and registrar have not acted in accordance to the provisions in the Societies Act when they decided to reject the application.

Kesavan is representing PSM pro tem chairperson Dr Mohd Nasir Hashim who is applying to the High Court for orders to set aside the ROS decision to reject his application to register PSM as a political party under Section 18 of the Societies Act, 1966.

Objective test

Kesavan stressed that it is incumbent upon the respondent to show which provisions were allegedly contravened by PSM.

One of the reasons provided by the ROS in rejecting PSM's application was that the party failed to provide representatives from at least seven states in Malaysia, a policy which any national organisation must adhere to.

"One argument by the respondent is that it is a policy decision. But a policy decision is not governed by the provisions in the Societies Act," Kesavan argued.

According to him, any policy implemented by the Home Ministry must be in compliance with the act and the Federal Constitution which allows for the right to association for all citizens under Article 10(1)(c).

"The minister cannot on his own exclude this fundamental right of the applicant," he said, adding that such restriction can only be imposed by the Parliament if it is expedient to the national security and public order and morality.

Kesavan cited the precedent set by the Federal Court's judgment on Mohd Ezam Mohd Nor's Internal Security Act arrest, in which the home minister must use an objective test to make his decision.

He also used the judgment to challenge the national security reason provided by the Home Ministry to reject PSM's application.

"Even in the matter of national security, the test used must be objective and the court has the right to scrutinise," he said.

After the plaintiff's submission, senior federal counsel Zainal Adzam Abd Ghani requested one week to respond Kesavan's submission. The judge granted the request and postponed the hearing to Nov 26.

PSM has been trying to register as a political party since April 1998. Refused by the ROS, the party took its case to court in October 1999. High Court Judge KC Vohrah allowed its application to pursue the case against the Home Ministry in March 2000.

The party was also represented by Teng Chang Khim.