High Court to hear Anwar’s application to strike out ex-minister’s suit on Jan 27

High Court to hear Anwar’s application to strike out ex-minister’s suit on Jan 27

KUALA LUMPUR: The High Court has fixed Jan 27 to hear Anwar Ibrahim’s application to strike out a lawsuit brought by lawyer P Waytha Moorthy challenging his election as Tambun MP and subsequent appointment as the prime minister.

Lawyer Nicholas Yap said Justice Alice Loke has also ordered Waytha to file an affidavit in reply to Anwar’s striking out application by Nov 30, while Anwar could respond by Dec 19.

Lawyer Ranjit Singh also appeared for Anwar, while counsel Karthig Shan represented Waytha.

Federal counsel Sallehuddin Ali appeared for the Attorney-General’s Chambers as amicus curiae (friend of the court).

Anwar argued that the suit, in substance and effect, constituted a direct challenge to his 2022 election to the Dewan Rakyat.

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The PKR president said the suit contravened Article 118 of the Federal Constitution, which prohibits an election from being questioned except by way of an election petition.

He also claimed that the suit was obviously unsustainable, did not disclose a reasonable cause of action against him, and was frivolous, vexatious, and an abuse of court process.

Waytha, president of the Malaysian Advancement Party, filed the suit on Aug 14, seeking a judicial declaration that a 2018 royal pardon secured by Anwar did not exempt him from the five-year constitutional disqualification imposed on individuals convicted of criminal offences.

He argued that Anwar was disqualified from serving as a member of the Dewan Rakyat under Article 48(1)(e) of the Federal Constitution because of his conviction and criminal sentence.

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On May 16, 2018, the 15th Yang di-Pertuan Agong, Sultan Muhammad V, granted Anwar a full pardon for three cases involving abuse of power and sodomy charges, citing a “miscarriage of justice”.

Anwar told a press conference at the time that the pardon was also granted on the basis that there was a conspiracy to condemn him and assassinate his political character.