Do not contest leave for judicial review on reclassification of nicotine, NGO urges govt

KUALA LUMPUR - The Malaysian Council for Tobacco Control (MCTC) urges the Health Ministry and the Attorney-General's Chambers (AGC) to not challenge a leave application of a judicial review to quash the ministry's reclassification of nicotine from the list of controlled substances under the Poisons Act 1952.

Its chairman Dr Murallitharan Munisamy said this would show the government's committment in protecting the health of the public.

"If the government can show its willingness and understanding, we call upon the government to not challenge the leave for a judicial review. Let the issue go to court and the court look at the legal perspective.

"This is not unprecedented in recent months as the unity government has exercised its judgement very carefully and correctly in choosing, every time, to side with the greater public interest and the welfare of Malaysians, as seen in the decriminalisation of suicide move most recently for example," he said in a press conference at the Royal Lake Club, here, today.

Also present were Malaysian Women's Action for Tobacco Control and Health President Roslizawati Md Ali, MCTC secretary-general Sha'ni Abdullah and Voice of the Children (VoC) chairman Sharmila Sekaran.

Murallitharan further stressed that there was no political agenda behind the judicial review application nor was it linked to the upcoming state elections.

"It needs to be understood clearly that the judicial review is aimed at examining the actions of different branches of government (the executive, in this case and specifically the Health Ministry) and determine whether such actions are consistent with the constitution.

"This is part of the democratic processes of law and is a request to review the decision made, rather than targeting individuals or the government with any political motive in mind," he said.

On June 30, MCTC, the Malaysian Green Lung Association (MGLA) and VoC filed a leave appication for judicial review at the Kuala Lumpur High Court over the Health Ministry’s decision to remove nicotine from the list of controlled substances under the Poisons Act.