KUALA LUMPUR (Oct 19): As Parliament has already been dissolved, jailed former prime minister Datuk Seri Najib Razak’s judicial review application to attend parliamentary sessions has been rendered academic, the High Court heard on Wednesday (Oct 19).

Senior federal counsel (SFC) Shamsul Bolhassan used this argument in objecting to leave (permission) for Najib’s judicial review before High Court judge Datuk Ahmad Kamal Md Shahid.

Shamsul pointed out that there were no longer any live issues in Najib’s application.

“The circumstances have changed. Parliament [has been] dissolved. Why do you need to attend Parliament? Why do you need your aides to do [work in the] constituent? We say that there is no longer a ‘live’ issue here.

“A general election will be held in the near future. The Election Commission (EC) will sit down [to set the election date]. A new government will be elected. So what is the need for the prayers [in the application]?” he argued.

On Oct 10, Prime Minister Datuk Seri Ismail Sabri Yaakob announced that the Yang di-Pertuan Agong had consented to the dissolution of Parliament, paving the way for the 15th general election (GE15).

The EC is set to meet on Thursday (Oct 20), wherein the electoral body is expected to set the nomination and election dates.

On Wednesday, Shamsul also argued that Najib’s status as Pekan MP ceased with the dissolution of Parliament.

“Since Parliament has been dissolved, [Najib] is no longer the Member of Parliament (MP).

“[We] pray for the application to be dismissed for being frivolous and vexatious,” he said.

On Oct 5, Najib filed for a judicial review of the Prisons Department’s decision to not grant him permission to attend parliamentary sessions. He named the government, the home affairs minister, and the commissioner general of prisons as respondents.

In late September, the Prisons Department had denied Najib’s request to attend Parliament, and for access to his political aides at least three times a week. His request was denied on grounds of safety and security.

Earlier this month, Najib’s lawyer Tan Sri Muhammad Shafee Abdullah told the media that he subsequently wrote to Home Affairs Minister Datuk Seri Hamzah Zainudin, asking the minister to look into the matter.

During submissions on Wednesday, Muhammad Shafee however insisted that the matter was not academic and argued that there were live issues to be considered.

He argued that at the time of filing, Najib still remained the Pekan MP and needed access to his aides in order to deal with his constituents in Pekan.

Muhammad Shafee said that although Najib is serving a 12-year prison sentence, in early September, he had filed for both a review of the Federal Court’s decision and for a royal pardon.

Muhammad Shafee also highlighted Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun’s comment that Najib retains his Pekan seat until completion of the pardon process and review at the Federal Court.

Muhammad Shafee also highlighted that the Prisons Department merely dismissed Najib’s application on grounds of security, without giving adequate elaboration.

“If you plead national security, you can’t plead it willy-nilly. A responsible minister or government authority has to provide reasons for it.

“Here you note [in the department’s letter], they didn’t provide the reason why they were fearful of [safety] factor...Parliament is even more secure than prison,” he said.

Muhammad Shafee also argued that Najib’s application highlighted Section 31 of the Prisons Act 1995, whereby the Commissioner General could allow a prisoner to be taken to certain places if there was reasonable grounds requiring the presence of a prisoner at any place in the country.

“Is there substantive legal matter before Yang Arif? Yes, Section 31 is not about Parliament alone. Section 31 is about a prisoner with a reasonable request, be taken to a certain place under escort. In our case of course, it is Parliament but it could be any place...Yang Arif would be writing a very useful judgement,” he said.

Muhammad Shafee also said that there was likelihood for Najib to sue the department, as his client was “deprived” of access to Parliament prior to the dissolution.

In his application, Najib is seeking to quash the Prisons Department’s decision, and also a declaration that he is entitled to attend Parliament on the scheduled dates, from Oct 3 to Nov 29.

Besides this, Najib is also seeking to set aside the decision by the Prison Department to not allow him access to his aides for parliamentary, legislative and constituent work.

He is also seeking a declaration that he is entitled to have “reasonable access” to his parliamentary officers, in order for him to do his work as an MP.

In his affidavit in support, Najib said he was adversely affected by the government’s and the Prisons Department’s decisions.

Justice Ahmad Kamal has set Oct 27 to deliver his decision.

Read also:
Najib applies for judicial review in bid to attend Parliament 
Court to hear on Oct 19 Najib's bid to attend Dewan Rakyat