PUTRAJAYA: Two businessmen from Pahang failed in their bid to challenge the usage of Jawi on signboards on their premises in the state.
In delivering the unanimous decision today (Feb 16), the three-member panel headed by appellate court judge Datuk Yaacob Md Sam ruled that there was "no irrationality, or unreasonableness or unlawfulness" of the directive by the Kuantan Municipal Council (MPK) to implement the use of Jawi script on signages on business premises.
The two other judges were Datuk P. Ravinthran, and Datuk Mohd Nazlan Mohd Ghazali.
The judge added that the policy to implement the use of Jawi script did not infringe Article 5, which concerns the liberty of a person, or Article 8, which concerns equality of the Federal Constitution.
"With that, we dismiss the appeal of the appellants.The order of the High Court is affirmed," he said.
The businessmen — Jehan Abdullah and Dana Palan Arunachalam — filed a judicial review to seek a court order to dismiss the MPK directive aimed at promoting the use of Jawi four years ago.
Initially, the businessmen were joined by another, Phang Long Yen, in their judicial review application in 2020.
However, Phang has since died, and was not a party to the appeal on Thursday.
They named MPK and the state government as the first and second respondents.
Counsel T. Gunaseelan, who appeared for all the respondents, stated that the decision to impose the policy had not been gazetted.
He said the policy was unconstitutional, contrary to Article 152 of the Federal Constitution.
Meanwhile, lawyer Ong Siew Wan for MPK said there was no discrimination in introducing the policy which was aimed at promoting the writing of Jawi.
"Jawi is a manner of writing Bahasa Melayu, not a language.
"There was no restriction to use other language in signboard," he said.
In 2018, the Yang di-Pertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, who was then the Regent of Pahang was reported as saying that the jawi script writing system should be used widely on road signages, business premises, office signs, government agencies and all education offices in the state.
Those who fail to use jawi script on their signboards can be fined up to RM250 and their business licences revoked if they refuse to follow the directive.