Judicial review of audit report allowed
> Azmin, PPBM council member granted leave to initiate proceedings
KUALA LUMPUR: The High Court yesterday granted Selangor Mentri Besar Datuk Seri Azmin Ali and a Parti Pribumi Bersatu Malaysia (PPBM) supreme council member Muhammad Zahid Md Arip leave to initiate judicial review proceedings in order to declassify the audit report on 1Malaysia Development Bhd (1MDB).
High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah decided on the application for leave after hearing submissions by the parties in chambers.
Azmin had filed the application in his capacity as Gombak MP and Muhammad Zahid filed another review on the same issue last year.
Hanipah fixed Feb 15 for a case management in her chambers.
Outside the court, Muhammad Zahid’s lawyer Haniff Khatri Abdulla told reporters that both applicants were granted leave to pursue the review.
“The court found at the leave stage that both applicants have met ‘threshold requirement’ and be granted leave,” said Haniff.
He added that issues which were raised are fit to be deliberated further at the substantive stage.
Senior Federal counsel Suzana Atan said that they had raised the preliminary objection on the grounds that the two applicants did not have locus standi (legal position) and that the application is frivolous and vexatious.
Azmin, in his judicial review application filed on Aug 15, 2016, had named Prime Minister Datuk Seri Najib Abdul Razak, Tan Sri Ambrin Buang (auditor-general) and the government, as the respondents.
In the application, Azmin is seeking for a declaration that Najib had acted in conflict of interest in issuing a certificate, under Section 2B of the Official Secrets Act 1972, to Ambrin directing him to classify his report on 1MDB as an “official secret”.
Azmin is seeking another declaration that the classification by Ambrin on the 1MDB report as “official secret” under the OSA was unlawful and “ultra vires” (beyond the power) of the Federal Constitution, the OSA and the Audit Act 1957.
He is also seeking for an order of “mandamus”, compelling the three respondents and their officers to declassify the 1MDB report, pursuant to Section 2C of the OSA and release the report to the public.
On Aug 5, 2016, Muhammad Zahid, a businessman, filed the review to seek an order to quash a decision to classify the auditor-general’s final report on 1MDB, under the OSA.
Muhammad Zahid is seeking a declaration that the decision and action of the respondents to classify the document is in contravention of the Federal Constitution and that the action not to declassify the document is also in contravention of the constitution.
He is seeking an order to compel the respondents to present the report to the necessary parties, as stated under Article 107(1) of the Federal Constitution.