Back
HIGH COURT MALAYA KUALA LUMPUR
MUHAMMED YUSOFF RAWTHER – Appellant
Versus
DATO SERI ANWAR IBRAHIM – Respondent
| Table of Content |
|---|
| 1. trial scheduled; application for constitutional questions. (Para 1 , 2 , 3) |
| 2. defendant's arguments for constitutional immunity. (Para 4 , 5) |
| 3. court's assessment of constitutional provisions. (Para 6 , 7 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19 , 20 , 21 , 22 , 23) |
| 4. doctrine of 'constructive harm' analyzed. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. court's jurisdiction clarified. (Para 32 , 33 , 34 , 35) |
| 6. conclusion on constitutional question relevancy. (Para 36 , 37 , 38 , 39 , 40) |
| 7. application dismissed; costs awarded. (Para 45) |
[1] The trial for this case is fixed for 16 June 2025. By way of encl 145 filed on 23 May 2025, the Defendant seeks to:
(a) Refer constitutional questions to the Federal Court listed in Appendix A − touching on whether a sitting Prime Minister enjoys certain immunities or protections from civil litigation relating to pre-office conduct − under O 92(4) Rules of Court 2012 (RoC) and/or art 128(2) of our Federal Constitution and/or s 84 of the Courts of Judicature Act 1964 (CJA); and
(b) Stay the trial that is fixed to commence on 16 June 2025 pending the Federal Court's determination of those constitutional
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
