Justice Aliza Sulaiman allowed the leave application today and fixed case management for Oct 30.
No objection was raised by senior federal counsel Faisal Noor.
Fahmi, 48, is seeking a court order to quash the decision of the authorities who allegedly barred him from travelling abroad on June 7.
He is also asking the court to nullify the decision to place his name on a movement monitoring list maintained by the police and the immigration department, which subjects him to questioning each time he travels overseas.
Fahmi named the home minister and the government as the other two respondents.
In his affidavit, he argued that there was no legal basis for including his name on the movement monitoring list, describing the move as a restriction on his liberty, privacy, and freedom of movement.
“I would be detained in a room and asked personal questions about my travel plans. This process can take up to a few hours,” he said.
He contended that the authorities had no lawful power to place him under such monitoring or subject him to the questioning process, especially when he had not been charged in court or placed under any active investigation.
“My continued placement on the movement monitoring list despite the absence of any active investigation or pending criminal process reflects a form of extrajudicial punishment aimed at suppressing my constitutional rights,” he said.
He said he had a legitimate expectation to travel freely without restrictions unless permitted by law.
He also said the authorities’ lack of transparency and arbitrary enforcement constituted a breach of his rights under Article 8(1) of the Federal Constitution.
Fahmi is seeking RM408 in special damages as well as general, exemplary and aggravated damages to be assessed by the court.
Lawyer Yohendra Nadarajan represented Fahmi.
On June 7, Fahmi was stopped at KLIA Terminal 2 while trying to board a flight to Singapore.
He claimed an immigration officer told him that Bukit Aman had refused to grant him clearance to travel overseas.
Subsequently, then IGP Razarudin Husain said in a statement a “misunderstanding” had occurred during a border check which led to a travel ban being “incorrectly issued” against Fahmi.