Mohd Firuz Jaffril JCA (Majority):

Introduction

[1] This present appeal before us is against the Kuala Lumpur High Court's decision dated 3 July 2024 which dismissed the Appellant's (the Applicant) application for leave to commence Judicial Review proceedings.

[2] The said appeal was heard on 6 January 2025. At the end of the appeal, both my learned brother, Justice Azhahari Kamal Ramli and myself, decided in favour of the Appellant, whilst my learned sister, Justice Azizah Nawawi dissented. We now give our reasons for deciding so.

Brief Facts

[3] The Applicant is the former Prime Minister of Malaysia.

[4] The Respondents are:

i. Minister of Home Affairs, the Minister in the Prime Minister's Department (Law and Institutional Reform);

ii. the Commissioner General of Prison;

iii. the Attorney General of Malaysia;

iv. the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya;

v. Minister in the Prime Minister's Department (Law and Institutional Reform)

vi. the Director General of Legal Affairs Division; and

vii. the Government of Malaysia.

[5] On 4 July 2018 and 8 August 2018, the Applicant was charged in the Kuala Lumpur High Court in relation to what is now commo