Court to hear Crackhouse owners’ judicial review bid on May 23

KUALA LUMPUR – The high court here today fixed May 23 to hear the Crackhouse Comedy Club’s judicial review application challenging Kuala Lumpur City Hall’s (DBKL) revocation of its business licence and permanent ban on its two owners from starting any businesses in the city.

Lawyer M. Pravin, representing the owners Mohamad Rizal Johan Van Geyzel and Shankar R. Santhiram, said when contacted that the application will be heard before judge Datuk Amarjeet Singh.

The duo filed the judicial review at the high court here on November 24, naming DBKL, Kuala Lumpur Mayor Datuk Seri Mahadi Che Ngah, then Federal Territories deputy minister Datuk Seri Jalaluddin Alias, the Federal Territories Ministry, and the government of Malaysia as respondents.

The owners are seeking a declaration that the revocation of the club’s licence was against the law.

They also seek another declaration that the permanent ban invoked by Jalaluddin and the ministry on them from registering any businesses in Kuala Lumpur, even under another name and company, was unconstitutional.

They also requested a court order to cancel the decision on the grounds that they have a fundamental right under the federal constitution to conduct business with a valid licence in the city.

In their supporting affidavit, they said that Jalaluddin had issued a statement on August 17 last year that the DBKL licencing committee had decided to cancel the comedy club’s licence effective July 30 the same year, and the owners were blacklisted for life from registering any businesses in Kuala Lumpur, adding that this decision had severely affected them as entrepreneurs.

Rizal and Shankar also claimed that they never received any official notice or letter from DBKL on the matter.

Rizal currently faces three criminal charges, being accused of making and initiating the transmission of offensive communications with the intent to offend others via Facebook using the profile name “Rizal van Geyzel”, Instagram handle @rizalvangeyzel, and TikTok handle @rizalvangeyzel between July 4 and 6, 2022.

The charges were framed under Section 233(1) (a) of the Communications and Multimedia Act 1998, punishable under Section 233 (3) of the same act, which provides a maximum fine of RM50,000 or imprisonment not exceeding one year or both, and shall be further fined RM1,000 for every day that the offence is repeated after conviction, if convicted. – Bernama, January 26, 2023