PM Anwar Ibrahim Files Appeal Over Civil Immunity Legal Questions
PUTRAJAYA, June 9 – Prime Minister Datuk Seri Anwar Ibrahim has filed an appeal to the Court of Appeal after the High Court rejected his application to refer eight legal questions — including those concerning civil immunity — to the Federal Court.
Anwar’s legal counsel, Datuk Seri K. Rajasegaran, confirmed the appeal was filed on Wednesday at the Court of Appeal Registrar’s Office at the Palace of Justice in Putrajaya through the law firm Zain, Megat & Murad.
According to the notice of appeal, Anwar, who is also PKR President and Chairman of Pakatan Harapan (PH), expressed dissatisfaction with the entire decision made by High Court Judge Roz Mawar Rozain on Wednesday.
“We are appealing against the entire ruling, which dismissed our application with RM20,000 in costs,” said Rajasegaran, noting that no case management date has been set yet.
The appeal is related to a civil lawsuit filed by Muhammed Yusoff Rawther, a former research assistant to Anwar, scheduled for hearing from June 16 to 19 and June 23 to 25.
On whether an application to postpone the civil trial will be submitted, Rajasegaran said they first need to obtain a reference number from the Court of Appeal. “Only then can we file the stay application together with a certificate of urgency. Hopefully, we can do so before June 16,” he told Sinar Harian.
High Court Rejects Bid to Refer Constitutional Questions
On June 5, the High Court rejected Anwar’s bid to refer eight legal questions to the Federal Court, ruling that the application did not meet the requirements under Section 84 of the Courts of Judicature Act 1964 (CJA).
Judge Roz Mawar ruled that none of the constitutional provisions cited raised clear, substantive, or justiciable legal questions requiring determination by the Federal Court under Article 128(2) of the Federal Constitution or Section 84 of the CJA.
On May 23, Anwar filed the original application, seeking clarification on whether a sitting Prime Minister enjoys conditional immunity from civil suits, including the one filed by Yusoff.
He also requested the court to determine whether Articles 39, 40, and 43 of the Federal Constitution provide such immunity, and whether the civil suit could impair his ability to perform executive functions or violate the separation of powers principle guaranteed by the Constitution.
Additionally, Anwar sought a ruling on whether the lawsuit breached his right to equal protection under the law, as guaranteed by Article 8(1) of the Federal Constitution, arguing that the suit was an abuse of the court process.
— Agency
