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KUALA LUMPUR – The high court here today dismissed Datuk Seri Najib Razak’s legal challenge over the Prisons Department’s refusal to allow the former prime minister’s request to attend Dewan Rakyat proceedings.
Judge Datuk Ahmad Kamal Md Shahid ruled that there was no live issue to be considered by the court as Najib was no longer an MP after the dissolution of Parliament on October 10.
“Upon the dissolution of Parliament, the applicant (Najib) ceased to be an MP. Unless and until the pardon is given or the conviction is quashed upon review, there is no possibility that the applicant will again be an MP while simultaneously being a prisoner, as the law prohibits any convicted person to contest for election by virtue of Article 48(5) of the federal constitution.
“Therefore, the application is now academic and has no merit.
“I hereby dismiss the application for being frivolous and vexatious,” the judge said.
On October 5, Najib filed the application for leave for judicial review to challenge the Prisons Department’s refusal to allow his request to attend Dewan Rakyat sittings.
In his suit, Najib named the Malaysian government, the home affairs minister, and the commissioner-general of prisons as the first to third respondents, and sought an order to quash the third respondent’s decision not to allow him access to his officers or aides for the purposes of parliamentary, legislative, and constituency work.
Judge Kamal in his brief judgment said as Najib was no longer the Pekan MP, his requests to have access to his officers or aides for the purposes of parliamentary, legislative, and constituency work as well as to attend Parliament on scheduled sitting dates was also no longer a live issue.
In fact, he said Najib’s requests had become impossible with the dissolution of Parliament since there was no Parliament for him to attend.
“On top of that, the Election Commission had also announced that the polling day for the next general election will be on November 19. That would mean another cabinet will be formed consisting of newly elected MPs,” the judge said.
He stated that the argument put forward by the applicant’s counsel that “at the time of filing, it is a live issue” was of no merit.
“This is because it is logical that when any application is made or filed before the court, the issue is a live issue to be considered at the time of filing.
“However, the matter has now been overtaken by events with the dissolution of Parliament. The issue in question has now become water under the bridge and is no longer in existence. No order can be made to give effect to the issue anymore,” the judge added.
Meanwhile, Najib’s counsel Tan Sri Muhammad Shafee Abdullah told the court that he will file an appeal against today’s decision.
Senior federal counsel Shamsul Bolhassan acted for the respondents.
Najib is currently serving his 12-year jail sentence in Kajang Prison after the Federal Court had on August 23 upheld his conviction and sentence for misappropriating RM42 million in SRC International Sdn Bhd funds. – Bernama, October 27, 2022