MalayMail-Aug 19
Lawyers have warned that the Kuala Lumpur City Hall’s (DBKL) ban on a popular comedy center in Kuala Lumpur and its owners from opening any businesses sets a bad precedent that is tantamount to power abuse and infringing the right of life that is guaranteed to all, under the Federal Constitution. Speaking to the Malay Mail, lawyer Dinesh Muthal said that the Local Government Act 1976 and the Entertainment (Federal Territory of Kuala Lumpur) Act 1992 does not stipulate that DBKL can impose lifetime bans as they deem fit. “There is no law to allow such a ban. I have checked thoroughly. They are not only shutting down Crackhouse Comedy Club, but also banning its owners from opening any other businesses in the future under their names. This cannot be done. To me, this is entirely wrong. They have done wrong with this particular premise. You have already fined them, and closed the business either permanently or temporarily; which can be done. However, banning them for future endeavors, that is closing their rice bowl. They have no power to do that. It is against Article 5 of the Federal Constitution, whereby their right of life is being restricted. Right of livelihood can be read under the right of life because once your livelihood has been restricted, your right of life automatically goes off. If you cannot earn to feed yourself, your right of life is gone too,” Dinesh said.
He added that if a particular private limited company has been blocked, DBKL cannot prevent the said company’s shareholders from opening a different company under a different registration. Read more at: https://www.malaymail.com/news/malaysia/2022/08/19/lawyers-condemn-dbkls-lifetime-ban-on-crackhouse-comedy-club-owners-say-sets-bad-precedent-for-power-abuse/23508
