KUALA LUMPUR: A former army sergeant’s judicial review application following his sacking for refusing Covid-19 vaccination will be heard by the High Court here on Dec 5.
Lawyer Yasmeen Soh Sha-Nisse, a member of Wan Ramli Wan Seman’s legal team, said the matter would be heard before justice Ahmad Kamal Shahid.
“An earlier hearing scheduled on Sept 19 was vacated as Wan Ramli wanted to reply to the government’s submissions,” Soh told FMT when asked for an update on the case.
Earlier this year, parties were directed to file their written submissions by April 18, with the hearing scheduled for May 30.
The hearing was, however, adjourned to Sept 19.
Wan Ramli, who filed the application in September last year, wants a court declaration that his early termination in August is null and void and of no effect.
The applicant, who was with the Royal Malay Regiment’s 24th battalion based at the Rasah Camp in Negeri Sembilan, was only scheduled to be discharged on Jan 20, 2023.
His services were terminated over four alleged offences under the Armed Forces Act 1972. As a result, Wan Ramli lost his right to receive a pension.
Wan Ramli claims his rights as a citizen and member of the armed forces as enshrined under Articles 5(1) and 8(1) of the Federal Constitution have been violated.
He said that as a result of his dishonourable discharge from service, he had lost his right to receive a pension under Article 147 of the constitution, which was a proprietary right protected by Article 13(1).
Deputy army chief Mohammad Ab Rahman had said in an affidavit in response to the judicial review application that Wan Ramli’s failure to adhere to standing orders and to follow instructions from his superiors to get the vaccine were offences under the Armed Forces Act.
Mohammad said the army had decided that all soldiers must be vaccinated, failing which disciplinary action would be taken against them.
He said vaccination was made compulsory because soldiers nationwide lived in clusters in family quarters and performed duties such as drills and physical training in groups.
Wan Ramli’s right to pension, he said, was not absolute as a soldier needed to serve a minimum of 21 years. Wan Ramli had only served 19 years as of Aug 26, last year.
Wan Ramli named Lt-Kol Sharull Hesham Yasin, Lt Azammunir Ashri, army chief General Zamrose Zain, the armed forces and the government as respondents.
Mohammad had affirmed the affidavit on behalf of all the named respondents. - FMT
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