Justice Hanipah Farikullah ruled on Wednesday that the Immigration Department’s ban was constitutional.

“The director-general (DG) has the power to restrict a person from travelling abroad under the Immigration Act,” she said.

“The key issue lies under Section 3(2) of the Immigration Act.

“The provision states that the DG has power on all matters regarding immigration, including banning people from travelling.”

She added that the Immigration Department, in an affidavit, said it had previously received a letter from the Inspector-General of Police (IGP) that Pua was being investigated under Section 124B of the Penal Code for activities allegedly detrimental to parliamentary democracy.

“The decision (to ban) was due to that letter.”

Besides that, Hanipah said the High Court was bound by a decision of the Federal Court on the Loh Wai Kong case.

It ruled the government has powers to stop a person from going overseas when he or she is facing a charge in court and that personal liberty, under the Federal Constitution, does not confer a Malaysian the right to go overseas.

Senior Federal Counsel Shamsul Bolhassan, appearing for the government, did not seek costs. He said it was a case of public interest.

Lawyer Gobind Singh represented Pua.

Pua, who is also DAP national publicity secretary, filed a judicial review last year, seeking to quash the travel ban decision.

He had been barred from leaving Malaysia to go to Yogjakarta, Indonesia.

Speaking to reporters outside the court, Pua said he was disappointed by the decision. “The (Immigration) Act is unfair.”

Pua said that he was only summoned to give a statement as a witness on investigations involving activities allegedly detrimental to parliamentary democracy.

“I have not been charged. I was not told that I am a suspect.”

Gobind said he “may need to take it further” to test the precedent set by the Federal Court in the Loh case.