DATUK SERI ANWAR IBRAHIM v. GOVERNMENT OF MALAYSIA & ANOR

[2020] 2 MLRA 1
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Azahar Mohamed CJM, David Wong Dak Wah CJSS, Mohd Zawawi Salleh, Abang Iskandar Abang Hashim, Idrus Harun, Nallini Pathmanathan FCJJ
[Civil Reference No: 06(RS)-1-03-2019(W)]
Tengku Maimun Tuan Mat CJ, Azahar Mohamed CJM, David Wong Dak Wah CJSS, Mohd Zawawi Salleh, Abang Iskandar Abang Hashim, Idrus Harun, Nallini Pathmanathan FCJJ

JUDGMENT

Nallini Pathmanathan FCJ (Majority):

Introduction

[1] This is a special case referred to the Federal Court from the High Court pursuant to s 84 of the Courts of Judicature Act ("CJA").

[2] My learned brothers Azahar Mohamed CJM and Zawawi Salleh, Abang Iskandar Abang Hashim, Idrus Harun FCJJ have read this judgment in draft and expressed their agreement for it to be the majority judgment of the court.

Background

[3] The parties will be referred to as they were in the High Court. The plaintiff filed an Originating Summons in the High Court seeking the following reliefs:

(i) A declaration that s 12 of the Constitution (Amendment) Act 1983, s 2 of the Constitution (Amendment) Act 1984, and s 8 of the Constitution (Amendment) Act 1994 ("the Amending Provisions") are unconstitutional, null and void, and of no effect;

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