KUALA LUMPUR: Prominent lawyer Mohamed Haniff Khatri Abdulla filed a judicial review challenging the federal government's smoking ban in private workplaces, which was gazetted on Sept 30, 2024, and took effect on Jan 1.
He contended that the ban is unconstitutional, arguing that smoking is not a criminal offence.
"I truly believe that as a smoker, I have equal rights under the Federal Constitution to enjoy my personal workspace in a manner that does not disturb or harm others.
"This right includes the freedom to smoke in a place that I manage and fully finance, without being subjected to unreasonable restrictions, just as other Malaysians who do not smoke enjoy their freedom in their respective workplaces," Haniff said in an affidavit sighted by the New Straits Times.
The Health Minister and the government were named as respondents in the application, which was filed at the High Court here on Tuesday.
He is seeking a judicial review (ex-parte) against the Public Health Smoking Product Control Act 2024 (Act 852).
Additionally, Haniff is pursuing a writ of mandamus to compel the government to grant an exemption for his law firm in Kota Damansara. He is also seeking a declaration that the workplace smoking ban is unconstitutional, citing violations of Articles 5 and 8 of the Federal Constitution.
He further seeks a declaration that the ban is ultra vires, invalid, and unfair, and is requesting a stay on the enforcement of the ban at his office pending the outcome of the judicial review.
In his supporting affidavit, Haniff described the ban as illogical and a violation of his constitutional rights. He claimed the implementation of the ban without exceptions is unreasonable and unfair, particularly given the circumstances of his workplace.
Haniff highlighted that the respondents failed to consider his request for an exemption fairly and logically, referencing his letter dated Nov 29, 2023.
"The respondents' reply, dated Dec 30, 2023, stated that the minister cannot grant exceptions to gazetted areas and is unable to consider applications or appeals from smokers at Messrs Haniff Khatri," his affidavit read.
Haniff also argued that the enforcement of the ban disregards the rights of smokers like him and runs counter to principles of good administration and governance. He claimed the policy's application to private workplaces is impractical and illusory.
Starting today, laundromats and workplace buildings across government and private sectors are designated as non-smoking zones, increasing the total number of non-smoking areas in the country to 28.
Other areas included in the ban are internet cafés, national service training centres, observation towers, campsites, canopy walkways, school buses, and public transportation vehicles.