Decisions made by the Dewan Rakyat speaker are not subject to judicial scrutiny, the Court of Appeal has ruled today in dismissing Bersatu’s second attempt to initiate judicial review against Johari Abdul.
Bersatu’s lawyer Chetan Jethwani confirmed to Malaysiakini that the appellate court’s decision was based on Article 63(1) of the Federal Constitution.
The provision states that decisions made by Parliament, the House or its committees are immune from judicial review.
Bersatu had appealed against the High Court’s dismissal of its leave application to initiate legal action against Johari (above) and four MPs who left the party, filed in late 2023.
High Court judge Amarjeet Singh had ruled then that the court was bound by a precedent and Article 63(1) in dismissing the application.
Bersatu had named Johari and four Gabungan Rakyat Sabah (GRS) MPs - Armizan Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang) as defendants.
It claimed Johari acted unlawfully in not vacating the MPs’ seats after they left Bersatu in 2022.
The four defectors remain under the GRS coalition.
Prior to the application filing, Johari had written to Bersatu in a letter dated Jan 16 that year explaining why the seats would not be vacated.
Chetan said his team is still awaiting instructions from Bersatu on whether they would appeal to the Federal Court against the decision. - Mkini
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