PUTRAJAYA, March 4 — Datuk Seri Anwar Ibrahim today reportedly withdrew his appeal to refer eight constitutional questions to the Federal Court, including whether a sitting prime minister enjoys immunity from civil suits.
Anwar had sought a ruling from the Federal Court on whether, under Articles 39, 40 and 43 of the Federal Constitution, a serving prime minister enjoys limited immunity from civil actions involving alleged personal conduct before assuming office.
During proceedings at the Court of Appeal today, Anwar’s counsel Sanjay Mohan informed the court that the appellant was withdrawing the appeal and had notified the respondent, according to a report in Berita Harian.
The questions arose from a civil suit filed by his former research assistant Muhammed Yusoff Rawther over an alleged incident that occurred about eight years ago, before Anwar became prime minister.
A three-member panel led by Datuk Wong Kian Kheong, sitting with Datuk Azmi Ariffin and High Court judge Datuk Seri Latifah Mohd Tahar, reportedly struck out the appeal today.
The court also reportedly ordered Anwar to pay RM50,000 in costs to Muhammed Yusoff, to be settled before 5pm on April 6.
Wong reportedly said the appeal involved eight constitutional questions touching on matters of public interest, including the issue of alleged prime ministerial immunity, and noted that the respondent had already filed full written submissions.
He added that the appeal also involved interlocutory applications, including one to stay the High Court trial pending the appeal and another seeking leave to file an additional record of appeal.
On June 4 last year, the High Court dismissed Anwar’s application to refer the constitutional questions to the Federal Court.
Judicial Commissioner Roz Mawar Rozain ruled that the questions were speculative and unnecessary for the disposal of the civil suit, adding that civil proceedings do not amount to a deprivation of liberty under Article 5 of the Federal Constitution.
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