AGC objects to PD civil suit filed by voter

KUALA LUMPUR: The Attorney General’s Chambers has objected to a civil suit filed by a Port Dickson voter over Datuk Seri Anwar Ibrahim’s eligibility to contest in the parliamentary seat, saying that it should be heard in the Election Court instead.

“Any dispute should be heard at the Election Court. The civil court has no jurisdiction to hear the suit,” Senior Federal Counsel Suzana Atan said after both parties to the suit met High Court (Appellate and Special Powers) judge Justice Azizah Nawawi yesterday.

Meanwhile, the court would hear Anwar’s application to strike out the suit on grounds that there was no cause of action, no locus standi and the decision by the Yang DiPertuan Agong could not be challenged.

The court then fixed Nov 8 to hear the preliminary objection and the striking out bid by Anwar.

In the suit filed on Sept 28, the voter Noraziah Mohd Shariff named Anwar and the Federal Territories Pardons Board as the first and second respondent, respectively.

Noraziah, 38, is seeking a declaration that the Pardons Board, which was set up to advise the Yang diPertuan Agong Sultan Muhammad V on matters pertaining to Anwar’s pardon, was not formed in accordance with the Federal Constitution.

She is also seeking a declaration that the pardon given to Anwar did not qualify him to contest in the byelection on Oct 13.

In her supporting affidavit, the woman said she sought the order as Article 48 (1) (e) of the Constitution stated that someone who has been convicted of an offence and sentenced to jail for a term of more than a year and fined not less that RM2,000 is disqualified from being a Member of Parliament.

She said Anwar was released from prison on May 16 this year after receiving a royal pardon but that in granting a full pardon to Anwar, the Yang DiPertuan Agong did not remove Anwar’s disqualification as provided under Article 48(1) (e) of the Constitution.