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11 March 2010

Anwar asks Federal Court to review its ruling on his sacking

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Datuk Seri Anwar Ibrahim today asked the Federal Court to review its March 8 decision to uphold the legality of his sacking from the Cabinet 11 years ago.


He filed an application at the Palace of Justice here, asking for a review of the apex court’s decision that his termination as deputy prime minister and finance minister on Sept 2, 1998 was lawful.

The notice, together with his affidavit, was filed by the legal firm of Karpal Singh & Co.

In his affidavit, Anwar asked the Federal Court to use its discretion to review the case, under Section 137 of the Federal Court Rules, to avoid injustice which he claimed was done on him.

He said the Federal Court decision was against Article 43 (5) of the Federal Constitution, which said only the Yang di-Pertuan Agong — and not the prime minister — can retract his appointment from the Cabinet on the advice of the prime minister.

Anwar said the Federal Court panel which rejected his appeal had made a mistake in law by deciding that the prime minister was the sole authority to appoint and retract his appointment.

He said the ruling was an insult to the framers of the constitution, as it suggested that following Article 43(5) was a mere formality and the decision would not stand up to judicial review.

Anwar said the matter was an unusual case as the court did away with its discretion to stop the injustice against him.

He said he took the legal action against Tun Dr Mahathir Mohamad and the government of Malaysia to get an order to declare that his sacking was unlawful and was seeking compensation by way of reinstatement to his posts.

He failed in his application and appeals to the High Court, Court of Appeal and the Federal Court.



comments


For as long as these "judges" remains on the bench, Malaysians have NO hope ! If you are not pro-Govt. you have no chance !

Well these judges in the federal courts makes a mockery of our justice system. They have no sense of direction when interpreting the law. The can interpret the laws in any that that suits their master UMNO. We have to get rid of these judges because they are shaking the very foundation of our country. It is the law of the land that held a country together. This very foundation have been disturbed by these judges that should not be sitting there for they are not qualified or are simply kowtowing to the BN. That has to stop and stop right now!

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