Latest news with #CourtsofJudicatureAct1964
New Straits Times
a day ago
- Politics
- New Straits Times
Three MPs seek to join proceedings involving Anwar as observers
KUALA LUMPUR: Three members of parliament have applied to the High Court for permission to join proceedings involving Prime Minister Datuk Seri Anwar Ibrahim's bid to refer eight legal questions to the Federal Court. The questions include whether Anwar has immunity from a civil suit filed against him four years ago by his former research assistant, Muhammed Yusoff Rawther. Anwar, who is the Tambun member of Parliament, filed to have the questions referred to the Federal Court and to postpone the main trial until the apex court delivers a decision. The High Court is scheduled to hear this application tomorrow before Judge Roz Mawar Rozain. The three applicants, Datuk Seri Hamzah Zainudin (PN-Larut), Datuk Seri Dr Ahmad Samsuri Mokhtar (PN-Kemaman, and Datuk Seri Dr Ronald Kiandee (PN-Beluran), submitted their request via e-filing yesterday to be allowed to attend the hearing as observing counsel. Their application, filed under Order 92(4) of the Rules of Court 2012, Article 128(2) of the Federal Constitution, and Section 84 of the Courts of Judicature Act 1964, argues that they have a vested interest in the matter as members of parliament. According to legal firm Wan Jawahir & Takiyuddin, acting for the trio, the legal questions raised, particularly Articles 39, 40, 43, and 128(2) of the Federal Constitution, are of public importance and may influence parliamentary debates and public discourse. "Given the significance of these constitutional matters, we believe these MPs deserve access to the proceedings in an official capacity as observers to better inform their roles and responsibilities in Parliament," the firm said in its application. They also requested the court to allow Tan Sri Azhar Azizan Harun, Datuk Seri Takiyuddin Hassan, and Datuk Seri Zulkifli Noordin to attend as observing counsel representing the three parliamentarians throughout the proceedings. Yusoff's lawyer, Muhammad Rafique Rashid Ali, confirmed receiving a copy of the application and said it may be presented to the court during tomorrow's session.
New Straits Times
4 days ago
- Politics
- New Straits Times
Anwar's constitutional question to federal court not aimed at absolute immunity
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney-General's Chambers (A-GC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting prime minister to effectively perform executive functions. The A-GC said that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the prime minister's ability to govern. "Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Constitution support procedural protection to safeguard the separation of powers and institutional stability," the A-GC said in a statement released today. The A-GC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AG-C added that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The A-GC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the A-GC stressed that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
The Sun
4 days ago
- Politics
- The Sun
PM Anwar's constitutional questions to Federal Court not aimed at absolute immunity
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney General's Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting Prime Minister to effectively perform executive functions. The AGC stated that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister's ability to govern. 'Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability,' the AGC said in a statement released today in Kuala Lumpur. The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the AGC emphasized that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
The Star
4 days ago
- Politics
- The Star
Anwar's questions to Federal Court not aimed at seeking absolute immunity for anyone, says AGC
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney General's Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting Prime Minister to effectively perform executive functions. The AGC said that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister's ability to govern. "Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability," the AGC said in a statement released Saturday (May 31) in Kuala Lumpur. The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the AGC emphasised that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution. - Bernama
The Sun
4 days ago
- Politics
- The Sun
PM's questions to Federal Court not aimed at absolute immunity
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney General's Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting Prime Minister to effectively perform executive functions. The AGC stated that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister's ability to govern. 'Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability,' the AGC said in a statement released today in Kuala Lumpur. The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the AGC emphasized that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
