Najib's case showed PM not immune to civil action, says Takiyuddin
PETALING JAYA : Prime Minister Anwar Ibrahim's application to the Federal Court to rule whether he has immunity from a civil suit invites direct comparison with a case concerning former prime minister Najib Razak, says Perikatan Nasional chief whip Takiyuddin Hassan.
In a statement today, Takiyuddin pointed out that Najib had sought immunity from a civil suit filed against him by then DAP MP Tony Pua over allegations of abuse of power in the 1MDB controversy.
Takiyuddin, a lawyer, noted that the Federal Court had decided on Nov 19, 2019 that the prime minister is a 'public officer' and can be sued for abuse of power.
'This case (involving Najib) set an important precedent that a prime minister is not immune to civil or tort action if it relates to the public abuse of power.
'In other words, no citizen, including the prime minister, should be above the law, and no position can be used as a legal shield against actions taken on a personal basis,' he said.
Anwar is asking the High Court 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.
He 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 Messrs Zain Megat & Murad, 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.
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