CEO Morning Brief

High Court Grants Leave to Crackhouse Comedy Club Owners to Challenge DBKL’s Ban

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Publish date: Wed, 24 May 2023, 08:48 AM
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TheEdge CEO Morning Brief

KUALA LUMPUR (May 23): The High Court has granted leave (permission) to the co-owners of Crackhouse Comedy Club to challenge the Kuala Lumpur City Hall’s (DBKL) decision last year to revoke the club's operating licence and bar them from operating any business in the capital.

High Court judge Datuk Amarjeet Singh Serjit Singh granted leave to the co-owners, Mohamad Rizal Johan Van Geyzel and Shankar Santhiram, to proceed with their legal challenge during proceedings in chambers on Tuesday (May 23). Sangeet Kaur Deo, counsel for the co-owners of the comedy club, confirmed the matter to the press when contacted.

Sangeet also said the judicial review application will now be against the city hall and then Kuala Lumpur mayor Datuk Seri Mahadi Che Ngah only.

Then deputy federal territories minister Datuk Seri Jalaluddin Alias, then Federal Territories Ministry, and the Malaysian government who were also named in the initial application have been dropped as respondents.

"We have withdrawn the third, fourth and fifth defendants because the decision was made by [the mayor]. The announcement was no doubt carried in the paper and made by the [then] deputy minister but the decision was not made by [the deputy minister]," she said.

DBKL's ban came after a controversial stand-up routine at the club in Taman Tun Dr Ismail here last July. It was reported that Jalaluddin had announced the ban, which was carried in the news.

The co-owners are seeking several declarations, one of which is that the decision by DBKL and the mayor to revoke Crackhouse Comedy Club's licence is against the law, irrational, unwise, unconstitutional, and should be declared null and void.

They are also seeking aggravated and exemplary damages, along with other relief given by the court with no order as to costs.

In a judicial review application, leave or permission has to be gained for the full merits of the application. This is to ensure that the application is not frivolous, vexatious, or an abuse of the court process.

With the decision on Tuesday, the court will now hear the full merits of the application at another date. The court has also set June 6 for case management.

Separately, the woman who performed the stand-up routine which courted controversy, Siti Nuramira Abdullah, had been fined RM8,000 over the incident.

Mohamad Rizal was also charged last July for making and initiating the transmission of offensive communications with intent to offend others through his social media posts. He had pleaded not guilty and claimed trial.

His counsels have sent a second letter of representation to the Attorney General's Chambers to drop the charges against him. The case has been set for mention on May 31 to update the court on the letter of representation.

Read also:
Crackhouse Comedy leave application hearing to challenge DBKL’s ban set for May 23
Crackhouse Comedy Club co-owner sends second letter of representation in criminal case

Source: TheEdge - 24 May 2023

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