The High Court in Kuala Lumpur has turned down Prime Minister Datuk Seri Anwar Ibrahim’s request to refer several legal questions, including the issue of prime ministerial immunity, to the Federal Court. The application was made in relation to an ongoing civil suit filed against him by a former research assistant, who alleged sexual misconduct dating back seven years.
Justice Roz Mawar Rozain ruled that the eight legal questions raised by Anwar's legal team did not involve any actual, weighty, or justiciable constitutional issues that would necessitate interpretation by the Federal Court. According to her judgment, the Federal Constitution provisions cited — including Articles 39, 40, and 43 — were not relevant to the kind of personal legal immunity Anwar’s team appeared to be suggesting.
In her explanation, the judge emphasized that those articles primarily outline the structure and delegation of executive powers but do not offer any specific or implied shield for a Prime Minister facing civil litigation related to personal matters. As such, she stressed that no constitutional basis existed for granting immunity in this context.
Anwar had initially filed the motion on May 23, requesting that the High Court transfer the eight legal points for constitutional interpretation. His legal team had proposed that the Federal Court examine whether a serving Prime Minister could be considered immune from lawsuits concerning alleged actions that took place prior to taking office.
However, the court found the questions to be speculative and lacking in direct relevance to the resolution of the current case. Judge Roz Mawar further noted that constitutional silence on immunity issues must be interpreted in favor of holding all individuals equally accountable before the law, regardless of position.
Her decision effectively shuts down Anwar’s effort to elevate the matter to the apex court under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964. The case will now proceed at the High Court level without any constitutional references.
This ruling comes amid intensified public and political scrutiny regarding perceived privileges and legal maneuvering by national leaders, raising broader concerns over transparency and equal application of justice in Malaysia’s legal system.
Information Source: Malay Mail
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