The government has been given until March 16 to submit its affidavit in reply to an application for judicial review by Malaysiakini against Home Ministry’s rejection of the online daily’s application for a publishing permit.

High Court judge Aziah Ali gave the government until March 16 to submit its response before proceeding to case management on March 18.

NONEMalaysiakini's counsel, K Shanmuga, said the attorney-general today withdrew the government's objection to the leave application but maintains its objection to the judicial review.

Also representing Malaysiakini in its application for a judicial review is Edward Saw.

Malaysiakini has mounted a legal challenge after the government rejected its application for a permit to publish a newspaper.

In a letter to Malaysiakini dated Aug 19 last year, the Home Ministry said it has “decided not to consider" the permit application. No reasons were given.

Under the Printing Presses and Publications Act (PPPA), the home minister’s decision to reject the application for a publishing permit cannot be challenged in court.

A test case

NONEAccording to Malaysiakini chief executive officer Premesh Chandran (right), this will be a test case to challenge the powers of the home minister.

"I don't see why we shouldn't be allowed to publish a newspaper," he said.

"It's a constitutional right and Malaysiakini has been around for 10 years, we have a proven track record for being independent, balanced and credible."

All newspapers in Malaysia need a permit which must be renewed annually.

The licensing system allows the government to ban media organisations at will and keeps publishers in check.

However, Malaysiakini and other online media have remained relatively free - despite occasional raids, bans and harassment - due to a government pledge not to censor the Internet.

But that too may come to an end as the government is contemplating to include online media under its licensing regime.