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THE Kuala Lumpur High Court has fixed tomorrow for its decision on an application by Prime Minister Datuk Seri Anwar Ibrahim to refer eight constitutional questions to the Federal Court, including whether he is entitled to civil immunity in a suit filed by Muhammad Yusoff Rawther.
High Court Judge Roz Mawar Rozain set the date following submissions by counsel Alan Wong Teck Wei, representing Anwar, and Muhammad Rafique Rashid Ali, acting on behalf of Muhammad Yusoff.
The reference relates to a civil suit lodged by Muhammad Yusoff four years ago, concerning allegations said to have occurred in 2018 — prior to Anwar's appointment as Prime Minister on 24 November 2022.
Filed through the legal firm Zain Megat & Murad last week, Anwar’s application seeks the Federal Court’s interpretation of Articles 39, 40 and 43 of the Federal Constitution.
These provisions pertain to the country’s highest executive authority, the constitutional relationship between the King and the Cabinet, and the appointment and responsibilities of the Prime Minister and Cabinet ministers.
In his supporting affidavit, Anwar emphasised that the application was not a tactic to delay proceedings but a necessary step to uphold fair judicial process and constitutional integrity.
He requested the court to consider whether the civil suit undermines his capacity to discharge executive duties and threatens the principle of separation of powers enshrined in the Constitution.
The Prime Minister further urged the court to determine if the proceedings breach his constitutional right to equal treatment before the law, as stipulated in Article 8(1) of the Federal Constitution.
Anwar also asked the Federal Court to rule whether the High Court should conduct an inquiry into whether the lawsuit constitutes an abuse of process or poses a threat to public interest. If so, he submitted that the court should decide whether to suspend or strike out the suit in order to preserve constitutional governance.
Additionally, Anwar invoked Article 5(1) of the Constitution, seeking the court’s recognition that, as the sitting Prime Minister, he is entitled to protection from litigation that is strategic or politically motivated and intended to disrupt his administration.
In the original civil claim, Muhammad Yusoff alleged that the defendant, then not yet Prime Minister, committed acts of sexual assault and trespass against him in 2018. The plaintiff contends he resisted the alleged actions and requested Anwar to desist.
As a result of the allegations, Muhammad Yusoff claims he was accused of conspiring to destroy Anwar’s political career, and suffered mental distress due to public criticism. - June 3, 2025