Anwar seeks ruling on whether he has immunity from civil suits as PM

Free Malaysia Today

27-05-2025

Yusoff Rawther filed a suit against Prime Minister Anwar Ibrahim in 2021.
KUALA LUMPUR : Prime Minister Anwar Ibrahim is asking the High Court here to refer eight questions of law to the Federal Court for determination, including whether he has immunity from a civil suit brought against him by a former research assistant.
Anwar said he wants the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff Rawther four years ago.
The suit relates to events which allegedly took place prior to Anwar taking office on Nov 24, 2022.
In the application filed by his newly appointed solicitors, Messrs Zain Megat & Murad, last week, Anwar asked the court to decide whether the suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.
He also wants the apex court to rule whether the continued progress of the suit will offend his right to equal treatment under the law, as prescribed in Article 8(1) of the constitution, particularly as he claims that the suit is an abuse of process.
Anwar says the suit is premised on a 'manufactured claim' and that he is the victim of 'politically motivated reputational sabotage'.
He also wants the Federal Court to rule that the High Court is obliged to hold a 'threshold inquiry' to determine whether the suit constitutes an abuse of process or a threat to public interest, and if so, whether it must be stayed or dismissed 'to preserve constitutional governance'.
The application also seeks a determination as to whether Anwar, as the sitting prime minister, is entitled under Article 5(1) of the constitution 'to protection from a vexatious litigant' bringing a suit that is 'strategically timed or politically weaponised to undermine his ability to govern'.
Anwar is seeking the reference under Article 128(2) of the constitution.
He says the trial of the suit before Justice Roz Mawar Rozain must be stayed pending the outcome of proceedings in the apex court.
Lawyer Megat Abdul Munir Megat Abdullah Rafaie, who affirmed the supporting affidavit, said the application was made not to delay the trial but to ensure that any adjudication is conducted fairly and in accordance with the law.
The lawyer said the questions posed met the reference requirements set out in Section 84 of the Courts of Judicature Act 1964.
Lawyer Rafique Rashid Ali, representing Yusoff, said he had been served with the cause papers by Anwar's solicitors.
'An online case management has been fixed before Roz Mawar at 1pm tomorrow,' he told FMT.
The application will be heard by Roz Mawar who must determine whether the matter has crossed the required threshold for reference to the Federal Court.
Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, filed the suit against Anwar in 2021, claiming that he was assaulted at the PKR president's home in Segambut in October 2018.
He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar has denied the claim and filed a countersuit.
The High Court last year fixed the trial to be heard from June 16 to 19 and June 23 to 25.