The appeal against a Kuala Lumpur High Court's decision to quash the Home Ministry's order not to issue a publishing licence to news portal Malaysiakini producer Mkini Dotcom Sdn Bhd, filed by the ministry and the government, will be heard tomorrow.

The appeal will be heard by a three-member bench of the Court of Appeal.

On Oct 1, last year High Court judge Abang Iskandar Abang Hashim (now with the Court of Appeal) ruled that the Home Ministry's decision not to grant Mkini Dotcom a publishing permit was "improper and irrational".

Justice Abang Iskandar said this affected the company's right to freedom of expression as guaranteed under Article 10 of the federal constitution.

Loyarburok founder K Shanmuga story"Hence, the court allows the application for a certiorari (to quash) the decision of the respondents (Home Ministry) and the applicant needs to submit its letter to the ministry," the judge ruled.

Lawyers for the news portal, K Shanmuga (right) and Edmund Bon, described the judgment as a landmark decision that would open the floodgates to freedom of expression as the court recognised that the granting of a publishing permit is a right and not a privilege as the government maintained.

Mkini Dotcom filed the review application on Sept 28, 2010, and named the Home Ministry secretary-general, home minister and the Malaysian government as respondents.

NONEThe company applied for a permit under Section 6(1)(a) of the Printing Presses and Publications Act 1984 through its chief executive officer, Premesh Chandran (left), to publish a new daily named ‘Malaysiakini'.

The company applied for a permit to publish 40,000 copies in the Klang Valley, to be sold at RM1 a copy, but the Home Ministry rejected the application in August 2010, after which Mkini Dotcom filed the judicial review application.