KUALA LUMPUR (March 9): The Court of Appeal (COA) on Wednesday (March 9) dismissed Datuk Seri Khairuddin Abu Hassan's appeal over whether Attorney-General (AG) Tan Sri Idrus Harun allegedly failed to advise Tan Sri Muhyiddin Yassin to resign from the prime minister (PM) post last year.

In a unanimous decision, the three-person panel decided, among others, that the matter is now academic as Muhyiddin is no longer the premier.

"It is axiomatic that a court of law would not address issues which have become academic or are hypothetical...," said Justice Datuk Hanipah Farikullah when reading out the panel's decision via Zoom Wednesday morning.

The panel sided with the respondent Idrus, represented by senior federal counsel Low Wen Zhen, who raised a preliminary objection to the matter as Muhyiddin has since resigned. Muhyiddin resigned on Aug 16, 2021.  

Khairuddin, who is also Federal Territories Pejuang chief, is appealing to seek leave (permission) for a judicial application where, among others, he claimed that Idrus allegedly failed to advise Muhyiddin to step down when the latter allegedly did not have the majority support of Parliament.  

Justices Datuk Hajjah Azizah Haji Nawawi and Datuk Darryl Goon Siew Chye were the other judges on the panel.

In delivering the panel's decision, Justice Hanipah said the crux of the matter evolved around Idrus' alleged failure to advise Muhyiddin in line with Article 145(2) of the Federal Constitution.

Article 145(2) states that it is the AG's duty to advise the Yang di-Pertuan Agong or the Cabinet or the PM on legal matters.  

The panel found that the declaration sought in Khairuddin's application was merely a "reiteration" of Article 145(2) and not any opposing view.

"The preliminary objection by the senior federal counsel is allowed and therefore the appeal is dismissed," she said.

Earlier, Khairuddin's counsel Mohamed Haniff Khatri Abdulla had argued that even if the matter is academic, the courts could still decide on the prayers sought.

He cited the case of Petaling Jaya MP Maria Chin Abdullah against the Immigration Department over her 2016 travel ban. The Federal Court ruled in January 2021 that the ban was unlawful.

The travel ban was imposed in May 2016 but was revoked days later. Haniff argued that the Federal Court still went on to hear the matter even when the travel band was no longer an issue.

With regards to this, the COA was of the opinion that in Khairuddin's judicial review there was no specific decision made that had impacted him, as opposed to Maria's matter.

"Unlike the case in Maria Chin Abdullah where there was an actual decision that affected the applicant, the factual circumstances in this case are such that the very basis of the declaration sought no longer exists," she said.  

Earlier during submissions, the panel had highlighted that in this matter there was no actual decision made to be quashed or reviewed.

Haniff argued that although there was no actual decision, there was an omission that ought to be addressed as this concerned the whole population and not only a single individual.

The COA also awarded a cost of RM10,000 to the respondent.

On April 27, High Court Judge Datuk Ahmad Kamal Md Shahid ruled that Khairuddin had no locus standi on the matter as he had not shown how he was adversely impacted by this action or omission of action.