DATUK Seri Anwar Ibrahim will file an immediate appeal against the Kuala Lumpur High Court's decision on Wednesday dismissing his request to refer eight constitutional questions—including whether a sitting Prime Minister is immune from civil suits—to the Federal Court.
His lawyer, Datuk Seri K Raja Segaran, said the appeal would be made under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964 (CJA), emphasising the importance of preserving the integrity of the legal process.
“To protect the sanctity of the appellate process, we are also applying to ensure that the Prime Minister is not prematurely subjected to proceedings that may later be deemed unconstitutional,” Sinar Harian cited him telling reporters.
“We respectfully disagree with the High Court’s decision, as the eight questions raised are not abstract or academic. They involve serious and unresolved constitutional issues, including protections for executive functions, risks of politically motivated litigation, and the interpretation of Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution.”
He added that these matters carried broad constitutional implications and required final clarification from the country’s apex court.
The Prime Minister also intends to apply for a stay of trial proceedings in the civil suit brought by his former research assistant, Muhammed Yusoff Rawther, who alleges that Anwar sexually assaulted him in 2018—prior to Anwar’s appointment as Prime Minister on 24 November 2022.
The trial is scheduled to begin this month, from 16 to 19 June and 23 to 25 June.
On Wednesday, High Court Judge Roz Mawar Rozain dismissed Anwar’s application to refer the questions, finding that it did not meet the threshold under Section 84 of the CJA.
In her judgment, the judge said none of the Federal Constitution provisions cited gave rise to real, substantial, or justiciable constitutional questions requiring determination by the Federal Court.
On 23 May, Anwar applied to have the Federal Court determine whether Articles 39, 40 and 43 provide him with conditional immunity from civil lawsuits. He also asked whether the ongoing suit impairs his ability to carry out executive duties or undermines the principle of separation of powers.
Anwar further requested the court to consider if the suit violates his right to equal treatment under Article 8(1), alleging that the action constitutes an abuse of judicial process.
Yusoff filed the suit in 2021, claiming he was assaulted at Anwar’s residence in Segambut in October 2018. He is seeking general, special, aggravated and exemplary damages, as well as interest, costs, and any other relief deemed appropriate by the court.
Anwar was not present in court during Wednesday’s proceedings and was represented by lawyers Datuk Megat Abdul Munir Megat Abdullah Rafaie and Alan Wong Teck Wei. Yusoff was represented by lawyer Muhammad Rafique Rashid Ali.
Also present were Haniff Khatri Abdullah, appearing as watching brief counsel for the Malaysian Muslim Lawyers Association (PPMM), and Vivek Sukumaran, representing the Malaysian Bar. - June 4, 2025
