KUALA LUMPUR, Nov 22 — The High Court here today threw out a lawsuit filed by a Port Dickson voter against Datuk Seri Anwar Ibrahim seeking a declaration that the latter was not qualified to contest any parliamentary seat until his disqualification period ended due to his disputed pardon status.
She was seeking a declaration that the pardon granted to the Parti Keadilan Rakyat (PKR) president did not strike out his disqualification to contest a parliamentary seat following his conviction in a criminal case.
Judge Datuk Azizah Nawawi made the decision after Noraziah Mohd Shariff, 38, the applicant and her counsel failed to show up in court for case management today.
Lawyer J. Leela, representing Anwar, told reporters that the judge dismissed the suit by Noraziah in chambers today and made no order as to costs.
Senior federal counsel Maisarah Juhari, who represented the Federal Territories Pardons Board, named as a respondent in the suit, was also present.
Leela said the plaintiff was previously ordered by the court to engage a new lawyer as the previous lawyer had withdrawn from the case.
Noraziah, as the applicant, had filed the originating summons on Sept 28 and named Anwar and the Pardons Board as the first and second respondents respectively.
She also applied for a declaration that the pardon granted to Anwar was null and void as the Pardons Board, set up to advise the Yang di-Pertuan Agong, Sultan Muhammad V, on matters pertaining to Anwar’s pardon, was not in accordance to Article 42 (5) of the Federal Constitution.
She also filed a certificate of urgency so that the application could be heard as soon as possible by the court before the Port Dickson by-election, that had been scheduled for Oct 13, 2018, was held as Anwar would become a candidate.
The applicant also applied for a declaration that the pardon granted to Anwar did not strike out his disqualification to contest a parliamentary seat following his conviction in a criminal case.
Noraziah filed the application on the grounds that Article 48 (1) of the Federal Constitution provides that a person convicted of a criminal offence and sentenced to a jail term of more than a year or fined not less than RM2,000 is disqualified from becoming a member of Parliament for five years.
She also said that on May 16, this year, Anwar, who was serving a five-year jail sentence over a sodomy l conviction, was pardoned.
This disqualified him from becoming a member of Parliament but on the advice of the second respondent, Anwar had received a royal pardon, she said.
However, Noraziah claimed, in granting a pardon to Anwar, Sultan Muhammad V did not cancel Anwar’s disqualification as provided under Article 48(1) of the Federal Constitution.
Besides, she claimed, the second respondent acted without complying with the provisions of the Federal Constitution following the absence of the Federal Territories Minister and Attorney-General during the pardon meeting. — Bernama