He is no longer PM: Court dismisses Khairuddin’s appeal on getting Muhyiddin to step down
KUALA LUMPUR: The Court of Appeal has dismissed Datuk Seri Khairuddin Abu Hassan’s appeal to compel the Attorney General (AG) to advise Tan Sri Muhyiddin Yassin to resign from the Prime Minister’s post
In the unanimous decision, a three-man panel chaired by Justice Hanipah Farikullah dismissed the appeal after allowing a preliminary objection by the Attorney General’s Chambers (AGC) on Khairuddin’s appeal.
Hanipah said Muhyiddin, who resigned on Aug 16, 21, is no longer the prime minister.
“The factual circumstances in this case are such that the grand basis of the declaration sought no longer exists.
“This leaves the declaration sought (by the appellant) in the judicial review application, which is merely a reiteration of Article 145(2) of the Federal Constitution, and which declaration sought does not disclose any opposing view to that article.
“Accordingly the preliminary objection by the Federal Counsel is allowed, therefore the appeal is dismissed,” she said in proceedings conducted via Zoom on Wednesday (March 9).
The two other judges on the panel were Justice Azizah Nawawi and Darryl Goon Siew Chye and the court also awarded RM10,000 in costs to the respondent.
Earlier, the court heard submissions from Federal Counsel Low Wen Zhen, who appeared for the respondent, and lawyer Mohamed Haniff Khatri Abdulla, who represented Khairuddin.
On Feb 3, 2021, Khairuddin filed an application for leave to initiate a judicial review against AG Tan Sri Idrus Harun wanting the court to declare that his move to accompany Muhyiddin to meet the Yang di-Pertuan Agong on Jan 11 to get an emergency declaration was invalid as the premier did not have a majority.
On April 27, the same year, the High Court ruled that Khairuddin had no locus standi to file the legal action.
In his decision, Justice 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 a locus standi in a judicial review application, the applicant (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.
The judge said Khairuddin has not shown how he had been adversely affected by the omission, and there was no proof that he has any specific legal right or real and genuine legal interest in the subject matter.