Lawyer New Sin Yew, representing Tamileswaaran Ravi Kumar, told the Court of Appeal that his client was denied his constitutional right to vote on March 12, 2022 due to his Covid-19 quarantine status.

Tamileswaaran had tested negative on a self-test and claims the Election Commission (EC) acted unlawfully by barring him based solely on his quarantine status.

The aircraft engineer alleged that he was prevented from voting by EC officers, who said he needed permission from a district health officer due to Covid-19 standard operating procedures (SOPs).

However, New stated that Covid-19 SOPs at the time required voting areas to be disinfected after use by Covid-19 positive or suspected individuals.

“This in fact was meant to facilitate people (to vote) instead of denying them their right,” New argued.

New said under the law, only individuals serving prison sentences or declared of unsound mind can be disqualified from voting — neither of which applied to Tamileswaaran.

Tamileswaaran is appealing a 2022 High Court decision that dismissed his judicial review against the EC.

He is seeking a declaration that the EC’s decision violated his constitutional rights, along with damages.

Senior federal counsel Al-Saifi Hashim, representing the EC, argued that the SOPs were a government policy aimed at curbing the spread of Covid-19.

“As this was a policy matter, the court has no power to inquire,” said Saifi.

He added that Tamileswaaran could have voted with permission from the district health officer and is not entitled to damages, even if the appeal succeeds.

Court of Appeal judge Supang Lian, chairing the panel, said the court will announce the date of its decision during case management on April 16.

The other judges on the panel were Justices Wong Kian Kheong and Ismail Brahim.