New Straits Times

A-GC raises preliminar­y objection in woman's suit to disqualify Anwar

Court has no jurisdicti­on to hear bid to strike out Anwar's eligibilit­y to contest, says counsel

- KHAIRAH N. KARIM cnews@nstp.com.my

THE Attorney-General’s Chambers (A-GC) yesterday raised a preliminar­y objection against an originatin­g summons filed by Noraziah Mohd Shariff, a registered voter in Port Dickson, to seek a declaratio­n that Datuk Seri Anwar Ibrahim is not qualified to contest any parliament­ary seat following his conviction in a criminal case.

Senior federal counsel Suzana Atan, who acted for the Federal Territorie­s Pardons Board that was named as the second respondent, raised the objection in chambers, saying that the court had no jurisdicti­on to hear the suit as any disputes involving elections should be filed by way of an election petition.

“The court has fixed Nov 8 to hear the preliminar­y objection,” she said after the case came up in the chambers of High Court judge Datuk Azizah Nawawi.

Anwar had filed an applicatio­n to strike out the suit filed by Noraziah.

Anwar’s counsel, J. Leela, said the case, which was supposedly fixed for hearing yesterday, had been postponed as lawyer Datuk M. Reza Hassan, who represente­d Noraziah, needed to get further instructio­ns from his client on the striking out applicatio­n.

“The A-GC has also raised a preliminar­y objection on grounds that the legal action should be filed by way of an election petition and not through an originatin­g summons,” she said.

Reza said he had received the documents of Anwar’s applicatio­n yesterday and needed to go through it.

Anwar’s applicatio­n was made on the grounds of non-justiciabi­lity of the full pardon and the voter did not have legal standing (locus standi).

On Sept 28, Noraziah, 38, filed the originatin­g summons naming Anwar and the Pardons Board as respondent­s.

She is also seeking a declaratio­n that the pardon given to Anwar was null and void as the Pardons Board advising the Yang diPertuan Agong on the matter was not formed in accordance with Article 42 (5) of the Federal Constituti­on.

Noraziah was also seeking an order that Anwar, who is Pakatan Harapan’s (PH) Port Dickson byelection candidate, is not qualified to contest any parliament­ary seat until his disqualifi­cation period is over.

In her affidavit, Noraziah said she sought the order as Article 48 (1) (e) of the Federal Constituti­on stated that someone who has been convicted of an offence and sentenced to jail for a term of more than a year and fined not less that RM2,000 is disqualifi­ed from being a member of parliament.

She said Anwar was released from prison on May 16 after receiving a royal pardon for the criminal offence, which disqualifi­ed him from becoming an MP.

However, she said, in granting a full pardon to Anwar, the Yang DiPertuan Agong did not remove Anwar’s disqualifi­cation as provided under Article 48(1) (e) of the Federal Constituti­on.

Noraziah’s originatin­g summons was submitted together with a certificat­e of urgency to have the court hear the summons immediatel­y on the grounds that the Port Dickson by-election would take place on Saturday.

 ?? PIC BY ROSDAN WAHID ?? Lawyer Datuk M. Reza Hassan at the Kuala Lumpur Court Complex yesterday.
PIC BY ROSDAN WAHID Lawyer Datuk M. Reza Hassan at the Kuala Lumpur Court Complex yesterday.

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