The Kuala Lumpur High Court today ruled that Khairuddin Abu Hassan has no locus standi to file a legal action to compel Attorney-General (AG) Idrus Azizan Harun to advise Muhyiddin Yassin to resign from the prime minister's post for allegedly not having majority support in Parliament.
Judge Ahmad Kamal Md Shahid said this was clearly outlined in Order 53 rule 2(4) of the Rules of Court (ROC) 2012, that to have locus standi in a judicial review application, Khairuddin must be adversely affected by the decision, action, or omission of any public authority in relation to the exercise of its public duty or function.
In his judgement, Ahmad Kamal said it is his view that Khairuddin has not shown how he was adversely affected and there was no proof he has any specific legal right or real and genuine legal interest in the subject matter.
“To establish locus standi, Khairuddin claimed he is a Malaysian citizen and a taxpayer, therefore, has genuine and legitimate interest in the public affairs of Malaysia, particularly with regards to governance and formation of government.
“It should be stressed that where there is no decision, action, or omission falling within the ambit of Order 53 rule 2(4) of the ROC 2012, Khairuddin cannot be said to be a person 'adversely affected' by the same.
“In the absence of such a decision, Khairuddin lacks locus standi to make the application,” the judge said when dismissing the leave application for a judicial review by Khairuddin seeking a mandamus order for Idrus to advise Muhyiddin to step down as the prime minister.
Ahmad Kamal further said Khairuddin’s assumption that the prime minister no longer has the confidence of a majority of members in the Dewan Rakyat must be established.
“The issue on the majority of members must be determined in any forum or by any authority, which is not the case in this application. The assertion is presented as a fait accompli to be accepted as an unquestionable statement of fact.
“In addition to that, I am of the opinion that all the reliefs sought for are subject to a common factual assumption that is by definition unproven and the factual issue itself is not even stated as a relief to be determined by this court,” he said.
The judge added: “It would serve no practical utility if the AG is compelled by an order of mandamus to advise the prime minister or the Yang di-Pertuan Agong in terms sought by Khairuddin as such advice would have no binding legal effect and will not alter the legal position of him or any other person.
“Accordingly, it is apparent that the said omission in this application does not fall within the ambit of Order 53 rule 2(4) of the ROC 2012 hence not amenable for judicial review. There were no decisions by Idrus that are amenable for judicial review,” said the judge.
Ahmad Kamal also highlighted that there was a spelling error in the respondent (Idrus)'s name as the application was made against "Tan Sri Idris Harun" whereas it should be "Tan Sri Idrus Harun".
“It could be argued that Khairuddin has brought an action against the wrong party. However, this is a minor issue since there is only one person who is holding the post of Attorney-General. There could not be any other person holding such a post in the country.
“Based on the reasonings, this court allows the senior federal counsel objection and dismissed the applicant’s application with no order as to costs,” said the judge adding that the applicant has failed to cross the hurdle of the judicial review test and it is clear that this application for leave is frivolous.
Senior federal counsel Narkunavathy Sundareson acted for the respondent while lawyer Mohamed Haniff Khatri Abdulla represented the applicant.
Haniff, when met outside the court after the proceeding told reporters he received instruction from his client to file an appeal against the court decision today.
On Feb 3 this year, Khairuddin filed an application for leave to initiate a judicial review against Idrus wanting the court to declare that his move to accompany Muhyiddin to meet the Agong on Jan 11 to get an emergency declaration was invalid as the premier did not have a parliamentary majority.
Prior to that, on Jan 18, the former Jasin parliamentary coordinator also filed a suit against Muhyiddin and the government of Malaysia to challenge the prime minister’s action of advising the Agong to declare a State of Emergency to contain the Covid-19 pandemic.
- Bernama
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