KUALA LUMPUR – Datuk Seri Khairuddin Abu Hassan has no locus standi to file legal action to compel Attorney-General Tan Sri Idrus Harun to advise Tan Sri Muhyiddin Yassin to resign from the prime minister’s post for allegedly not having the majority support of Parliament, the high court heard today.
Senior federal counsel S. Narkunavathy, who led a team from the Attorney-General’s Chambers (AGC) representing Idrus, submitted there was no indication that the former Umno leader has any specific legal right or real and genuine legal interest in the subject matter.
“In fact, the applicant (Khairuddin) has not shown how he was adversely affected by the respondent’s (Muhyiddin) decision, action, or omission.
“To seek a declaration, the applicant must establish that he has acquired a legal status or right against the respondent that is required to be protected by declaratory orders. Additionally, to seek an order of mandamus, the applicant must fulfil the conditions in Section 44 of the Specific Relief Act 1950 (Act 137),” she said.
Narkunavathy said this in the AGC’s objection to Khairuddin’s leave application for a judicial review seeking a mandamus order for Idrus to advise Muhyiddin to step down as the prime minister.
She further said that the applicant must show in his affidavit in support of his application that his personal right would be injured by the alleged decision, action, or omission of the respondent.
Narkunavathy pointed out that the question of whether the prime minister has ceased to command the confidence of the majority had not been determined in any forum or by any authority.
Lawyer Mohamed Haniff Khatri Abdulla, who acted for Khairuddin, submitted that his client is a Malaysian citizen and taxpayer and therefore, has a genuine and legitimate interest in the public affairs of Malaysia.
After hearing submissions from both parties, high court judge Datuk Ahmad Kamal Shahid fixed April 27 to deliver his decision on whether to grant leave to Khairuddin for the full merits of his application to be heard. – Bernama, March 8, 2021
