Anwar Ibrahim Seeks Federal Court Review on PM Immunity
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The High Court has set a date for a decision on whether to refer questions about Prime Minister immunity to the Federal Court in a case involving Datuk Seri anwar Ibrahim.
The High Court in KUALA LUMPUR has scheduled a decision for tomorrow regarding an application by datuk Seri Anwar Ibrahim. The application seeks to refer eight legal questions to the Federal Court, including the critical issue of whether a Prime Minister possesses immunity from lawsuits.
These legal questions are tied to a lawsuit initiated by Muhammed Yusoff Rawther,a former research assistant to Anwar,concerning an alleged sexual assault that purportedly occurred seven years prior.
Judge Roz Mawar Rozain determined the date following submissions from lawyer Alan Wong Teck Wei, representing Anwar, and lawyer Muhammad Rafique Rashid Ali, representing Muhammed Yusoff, during proceedings held in chambers today.
Anwar formally submitted the application on May 23, requesting that the High Court, which is currently presiding over the suit, forward the eight legal questions to the Federal Court for consideration.
Key Legal Questions in Anwar Ibrahim’s Application
The core of the legal debate revolves around whether Articles 39, 40, and 43 of the Federal Constitution grant a sitting Prime Minister limited immunity from lawsuits pertaining to allegations of personal conduct predating their assumption of office.
“The plaintiff’s claim is politically motivated and could erode public confidence.”
According to an affidavit supporting the application, lawyer Datuk Megat abdul Munir Megat Abdullah Rafaie, representing Anwar, argued that allowing the suit to proceed would impair Anwar’s ability to effectively carry out his executive duties and would undermine the separation of powers as enshrined in the Constitution.
Datuk Megat Abdul Munir stated in the affidavit, “the plaintiff’s (Muhammed Yusoff’s) claim is politically motivated and, if not examined constitutionally at an early stage, could erode public confidence, diminish the dignity of the constitutional office, and disrupt the executive’s ability to perform its constitutional duties.”
Furthermore, Datuk Megat abdul Munir asserted that if the court intends to refer these constitutional questions to the Federal court as a special case, it would be appropriate to suspend the suit’s proceedings until the Federal court renders its determination on these critical questions.
Background of the Lawsuit
Muhammed Yusoff originally filed the suit on July 14, 2021. In his statement of defense, Anwar contended that muhammed Yusoff had provided false testimony under oath to the authorities concerning the alleged sexual assault incident.
Anwar,the PKR President,filed a counterclaim on September 28,2021,asserting that Muhammed Yusoff fabricated the story of the sexual assault with the intention of damaging his political career and preventing him from ascending to the position of prime minister.
the High Court had previously scheduled the hearing of the lawsuit for June 16 to 19 and June 23 to 25, 2025.
Frequently Asked Questions
What is prime Minister immunity?
prime Minister immunity refers to the legal protections afforded to a Prime Minister, possibly shielding them from certain lawsuits while in office to ensure effective governance.
Why is Anwar Ibrahim seeking this referral?
anwar Ibrahim is seeking the referral to clarify the extent of a Prime Minister’s immunity under the Federal Constitution, arguing the lawsuit could impede his ability to perform his duties.
What happens next?
The High Court will decide whether to refer the legal questions to the Federal Court. If referred, the federal Court’s decision will have meaningful implications for the lawsuit and the scope of Prime Minister immunity.
