PUTRAJAYA, March 9 — The Court of Appeal today dismissed Datuk Seri Khairuddin Abu Hassan’s appeal pertaining to his judicial review challenge alleging that Attorney-General (AG) Tan Sri Idrus Harun had failed to advise Tan Sri Muhyiddin Yassin to resign from the Prime Minister’s post after losing the majority support in Parliament.
This was after a three-member bench comprising Justices Datuk Hanipah Farikullah, Datuk Azizah Nawawi and Datuk Darryl Goon Siew Chye allowed a preliminary objection raised by Federal Counsel Low Wen Zhen that Khairuddin’s appeal is academic as Muhyiddin is no longer the Prime Minister.
Justice Hanipah, who delivered the court’s unanimous decision, said Khairuddin’s case centred on an alleged failure on the part of the AG to advise Muhyiddin pursuant to Article 145 of the Federal Constitution to resign.
However, she said a court of law would not address issues that have become academic or are hypothetical.
Justice Hanipah said the basis of the declarations sought by Khairuddin no longer existed, adding that one of the declarations which Khairuddin sought was merely a reiteration of Article 145 (2) of the Federal Constitution and did not disclose any opposing view to that provision (Article 145 (2).
Justice Hanipah ordered Khairuddin to pay RM10,000 as costs to Idrus.
Earlier’s in today’s proceeding which was conducted virtually, Low raised a preliminary objection saying that the matter was academic and the court ought not to entertain Khairuddin’s appeal.
Low said the factual basis of Khairuddin’s judicial review no longer existed as Muhyiddin has resigned as the Prime Minister on Aug 16 last year and Datuk Ismail Sabri Yaacob has been appointed as the new Prime Minister five days later.
Lawyer Mohamed Haniff Khatri Abdulla representing Khairuddin submitted that the appeal was not academic, adding that the declarations sought pertained to the AG’s duties.
Khairuddin filed an application in a bid to get leave to commence a judicial review in Feb last year, seeking several declaration orders including a declaration that Idrus’s move to accompany Muhyiddin to meet the Yang di-Pertuan Agong on Jan 11, last year to issue a declaration of emergency was invalid as the former premier did not have the majority support.
He named Idrus as the respondent in the judicial review.
Khairuddin also sought a mandamus order to compel Idrus to advise Muhyiddin to seek audience with the Yang di-Pertuan Agong to resign as the Prime Minister and that of his Cabinet members.
He claimed Umno’s Machang Member of Parliament Datuk Ahmad Jazlan Yaakub and Padang Rengas Member of Parliament Datuk Seri Nazri Aziz had, on Jan 9 and 12, last year respectively, withdrawn their support for Muhyiddin which meant that Muhyiddin no longer commanded majority support in Parliament.
The failure of the AG to execute his duties, Khairuddin said, was unlawful and a violation of the Federal Constitution.
In April last year, the High Court denied Khairuddin’s application to get leave to commence the judicial review on grounds that Khairuddin did not have the locus standi to bring the judicial review against Idus.
