By V. Anbalagan
2008/06/17
PUTRAJAYA: Datuk Seri Anwar Ibrahim will have an opportunity to argue before the Federal Court that his removal as deputy prime minister and finance minister about 10 years ago was unconstitutional. The apex court yesterday unanimously granted Anwar leave to appeal against the Court of Appeal decision made last year.
His counsel Karpal Singh told the court the question of law raised by Anwar to obtain leave was a novel issue which was of public interest.
Judge Tan Sri Richard Malanjum said the court allowed the application because Anwar had an arguable case.
Sitting with Malanjum were Datuk Nik Hashim Nik Abdul Rahman and Datuk Abdul Aziz Mohamed.
At the appeal, the court will hear whether the removal of Anwar by the then prime minister Datuk Seri (now Tun) Dr Mahathir Mohamad without first informing the Yang di-Pertuan Agong was unlawful.
The court will also decide whether Anwar is entitled to damages because his initial application to be reinstated to public office had now become academic.
Karpal submitted that Dr Mahathir sacked Anwar about 5.30pm on Sept 2, 1998, but only informed the King of the decision later.
He said a Sept 2, 1998, press statement and the Oct 23 Dewan Rakyat Hansard clearly revealed that Dr Mahathir did not comply with the constitutional provision.
“The evidence is clear that Dr Mahathir sacked Anwar and then informed the King. His act of doing otherwise was in breach of Article 43(5) of the Federal Constitution,” he said.
At this juncture, Malanjum remarked that this was a case of “putting the cart before the horse”.
Federal counsel Azizah Nawawi told the court that the application should be dismissed because Anwar’s sacking was now academic.
“It is not the function of the apex court to entertain an academic matter,” she said.
Soon after his sacking in 1998, Anwar filed an originating summons in the High Court to obtain a declaration that his removal was unconstitutional and that he was still a minister.
Dr Mahathir and the government, which were named as respondents, then made an application to strike out the suit on grounds it was frivolous and vexatious.
On Dec 24, 1998, the High Court in Kuala Lumpur struck out Anwar’s suit with costs.
The appeal came before the Court of Appeal in February last year and since Anwar’s pleadings for reinstatement to public office was overtaken by passage of time, he instead claimed for damages.
However, on April 25 last year, the Court of Appeal unanimously dismissed Anwar’s appeal.