A veteran PKR lawmaker has appealed to Prime Minister Anwar Ibrahim to advise Attorney-General Dusuki Mokhtar not to “arbitrarily exercise” his discretionary powers under the Federal Constitution.
In a statement to Malaysiakini, Pasir Gudang MP Hassan Karim, who is also a lawyer, reminded Dusuki of a “lesson” once issued by former Yang di-Pertuan Agong Raja Azlan Shah when His Royal Highness was the country’s top judge between 1982-1984.
“As an MP, I appeal to the prime minister to advise the attorney-general (who is also the) public prosecutor not to act arbitrarily under the pretext of the attorney-general’s discretionary powers under the Federal Constitution.
“The current attorney-general must reflect and take lessons from the words of the former chief justice - who later also served as the Yang di-Pertuan Agong - the late Raja Azlan Shah, who once said that discretionary power is not absolute, because it is subject to limits and boundaries in order to safeguard justice,” said Hassan.
He said this in response to an application by the Attorney-General’s Chambers (AGC), which sought a review of the Federal Court’s decision that Section 9(5) of the Peaceful Assembly Act (PAA) was unconstitutional, describing the move as “deeply disappointing”.
Yesterday, Mandiri executive director Amir Hariri Abd Hadi questioned Anwar’s commitment to reform after he was notified by the AGC of the review and that the prosecution against him under the PAA would be revived.
Amir, a former Muda secretary-general, was charged under the Act on Aug 26, 2022, in connection with organising a rally held earlier the same month, and has since been acquitted.
In 2024, he obtained the High Court’s permission to challenge the PAA provision in the Federal Court, and the apex court declared the provision unconstitutional and no longer valid last July.
Govt initially respected ruling
Commenting further, Hassan described the Federal Court’s declaration - delivered in proceedings presided over by then-chief justice Tengku Maimun Tuan Mat - as a landmark ruling in the field of human rights.
He said the ruling reflected the Federal Court’s role in recognising Article 10 of the Federal Constitution, which guarantees the people’s freedom to assemble peacefully.
“After the Federal Court’s decision, I observed the attitude of the federal government and the Home Ministry, as reflected in the speeches and positions of the prime minister and Home Minister Saifuddin Nasution Ismail, that they respected the decision regarding Section 9(5) of the PAA.
“This can be seen in two examples of major public assemblies: the peaceful assembly relating to Najib Razak’s appeal at the Court of Appeal in Putrajaya, and another large peaceful assembly, ‘Turun Anwar’, at Dataran Merdeka.
“Both were allowed by the federal government in respect of the decision recognising the people’s rights under the Federal Constitution,” he said.
Review shames reform efforts
Hassan argued that, as such, Dusuki’s decision to review the Federal Court ruling is “completely contrary” to the government’s stand, including its promise to implement several institutional reforms in the legal field.
“In particular, the proposal to separate the roles of the attorney-general and the public prosecutor.
“I view the attorney-general/public prosecutor’s move to review the Federal Court decision as a shameful step that undermines and embarrasses Anwar’s good efforts to bring meaningful reforms,” he stressed.
He further raised concerns over any attempt by the AGC to revive the charge against Amir.
“If that happens, we would be witnessing an injustice under the Madani government, where Amir, a human rights activist, would be subjected to double jeopardy,” said Hassan.
Earlier, PKR Youth’s Legal and Public Complaints Bureau head Khairul Naim Rafidi defended the AGC’s application, which was filed under Rule 137 of the Rules of the Federal Court 1995.
Rule 137 states that the top court may review past decisions to prevent any injustice or abuse of process. - Mkini
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