The High Court in Kuala Lumpur set Friday to decide whether it would grant a stay on the Home Ministry's recent order for the suspension of The Edge Financial Daily and  The Edge Weekly newspapers for three months each.

This follows the hearing of the inter-parte stay hearing today, pending the disposal of a judicial review application by the The Edge Media Group.

The financial papers were represented by lead senior counsel Darryl Goon while the Home Ministry was represented by Alice Loke.

A hearing of the substantive judicial review will be heard on Sept 7.

Today's hearing was done in chambers of Justice Asmabi Mohamad.

The Edge Communications Sdn Bhd had named the secretary general of the Home Ministry and its minister as respondents in the judicial review application filed on July 27.

 

On Aug 5, Justice Asmabi granted leave to The Edge Communications to initiate the judicial review. However, the judge did not allow a temporary stay of the minister's order.

Today lawyers representing the financial dailies cited two reasons in applying for the stay, namely the negative perception on the freedom of the press in Malaysia as it involves the credibility of the applicants.

They also cited pecuniary reasons of the suspension affecting the revenue of the dailies.

'Adequate remedy'

However, Loke submitted that if The Edge Communications succeeded in the judicial review, it would be vindicated, and that if its prayers to quash the order and damages was granted, that would be adequate remedy.

 

“This waters down the urgency for a stay. The effect of the stay is to maintain status quo of the parties until the decision of the court. Its effect will suspend the minister's decision to order the suspension,” the senior federal counsel said.

 

Further she added, there were no special circumstances to grant the stay.

 

The financial papers were suspended by the ministry following its reports on 1MDB that were described as "prejudicial or likely to be prejudicial to public order, security or likely to alarm public opinion or is likely to be prejudicial to public and national interest".

 

In its application, the media group wanted an order to quash the suspension, following a letter issued by the ministry on July 23. It also asked that the publications be granted interim stay of the suspension order.

The Edge owner Tong Kooi Ong and its CEO Ho Kay Tat are also being probed under Section 124B of the Penal Code for alleged activities detrimental to parliamentary democracy.