Kuala Lumpur: For the first time ever, a suit has been filed against the government by an individual who claims he was unfairly denied approved permits (APs) to import cars.
Lawyer Rabindran Devadason (picture) yesterday filed a suit seeking a declaration that he is entitled to the 500 APs that he had applied for from the Ministry of International Trade and Industry (Miti) on July 22 this year.
According to his affidavit in this test case, he claimed he had received a reply to his AP application from Miti on 8 Aug 2005, laying down all sorts of onerous conditions, making it almost impossible to comply.
On Aug 15, Rabidran responded to the Miti’s Letter (Aug 8) and has not received any reply.
If the court grants him the declaration but Miti does not grant him the 500 APs, Rabindran is seeking damages against Miti and the government of Malaysia, whom he cited as the first and second defendants in his suit.
Speaking to reporters outside the Kuala Lumpur Civil High Court where the suit was filed, Rabindran said he is exercising his rights under Article 8(1) of the Federal Constitution.
“I am equal before the law and I am entitled to equal protection before the law. There is nothing in the laws of the country to prevent me from diversifying my interests,” he said.
In his affidavit, Rabindran also cited reports by New Straits Times dated July 19, 2005 and July 28, 2005 which listed the names of those who received APs.
He challenged the first and second defendants to produce documentary evidence that all the previous recipients of APs have complied with the conditions laid down in the first defendant’s letter dated Aug 8.
The affidavit went on to state that a closer look at the list reveals that not a single Malaysian of Indian origin or orang asli had received APs.
Rabindran claims it reflects the discriminatory policies of the first and second defendants.
He claimed he asked for 500 Aps so as to diversify his business interests.
“I want to go into the motor trade business and there is no reason why I should be prevented from doing so,” he stated in his affidavit.
Rabindran said the fact that he does not have the patronage of the first and second defendants is no reason for not approving his application.
“The defendants may say that they have not rejected my application but only asked me to comply with their conditions.
“I want the first defendants to grant me the 500 APs in my name so that I can proceed to set up my motor business without interference by the authorities.
“The motor trade business that I want to go into is for my benefit and for my family members who incidentally also include Malays,” he stated in his affidavit.
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Kuala Lumpur: For the first time ever, a suit has been filed against the government by an individual who claims he was unfairly denied approved permits (APs) to import cars.
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Circular No 106/2012: Accountant’s Report 2011
