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THE questions referred by Prime Minister Datuk Seri Anwar Ibrahim to the Federal Court are not intended to create absolute immunity for an individual.
According to the Attorney General's Chambers (AGC), the questions raise new and previously undetermined constitutional issues, particularly those relating to the relationship between civil litigation and the ability of a sitting Prime Minister to effectively discharge his executive functions.
In a statement, the AGC said that among the questions were whether civil actions relating to acts before assuming office could be pursued if they affected the Prime Minister's ability to govern and whether the constitution by implication required judicial review in cases such as this.
Also asked was whether Articles 5(1), 8(1), 39, 40 of the Federal Constitution supported procedural safeguards to safeguard the separation of powers and institutional stability.
"This is a structural question about constitutional governance, not a question about personal immunity," said the AGC.
On May 27, Anwar applied to the High Court to refer eight legal questions to the Federal Court for determination.
The application includes the question of whether he has immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago.
Through an application filed by his law firm, Messrs Zain Megat & Murad, earlier, Anwar is asking the Federal Court to decide whether Articles 39, 40 and 43 of the Federal Constitution grant him immunity from the suit.
According to the AGC, the constitutional reference process was established to enable the High Court and the Federal Court to make final determinations on such issues.
It said the AGC respected the integrity of the constitutional mechanism and would assess any request for intervention based on the legal merits and public interest, not political sentiment.
It added that any decision on the effect of constitutional provisions rested entirely within the jurisdiction of the Federal Court pursuant to Article 128(2) of the Federal Constitution. - May 31, 2025
