DATUK SERI ANWAR IBRAHIM’S EXPULSION AS DEPUTY PRIME MINISTER & FINANCE MINISTER BY TUN DR MAHATHIR MOHAMAD IN 1988 TO BE DECIDED BY FEDERAL COURT

Posted by SM Maulana

Kamal Amir
The Federal Court at Putrajaya today had allowed the application of Datuk Seri Anwar Ibrahim as regards to his expulsion as Deputy Prime Minister and Finance Minister on 2 September 1988 by Datuk Seri (now Tun) Dr Mahathir Mohamad was it valid and proper, since the actual authority that is authorised to remove him is the Yang DiPertuan Agong.
The presiding judges of the Federal Court were Chief High Court Judge of Sabah dan Sarawak, Tan Sri Richard Malanjum, Federal Court Judges Datuk Nik Hashim Nik Ab Rahman dan Datuk Abdul Aziz Mohamad, while Datuk Seri Anwar was represented by lawyers Karpal Singh, Ram Karpal Singh, S.N.Nair and Nicholas Netto, and the the government and Tun Dr Mahathir was represented by Senior Federal Counsel Azizah Nawawi.
The Federal Court ruled that Datuk Seri Anwar need to file his Appeal documents within the next 14 days.
Initially, Senior Federal Counsel Azizah stated that the exercise was already academic and should not be allowed while Datuk Seri Anwar’s lawyer, Karpal Singh assured the Court that Datuk Seri Anwar was seeking justice and compensation and NOT reinstatement to the positions of Deputy Prime Minister and Finance Minister.
There are two issues that the Federal Court need to determine, firstly whether Prime Minister Datuk Seri (now Tun) Dr Mahathir Mohamad can expel his deputy, Datuk Seri Anwar without following the Constitution, and can Tun Dr Mahathir expel him (Anwar) without the prior consent of the Yang Di Pertuan Agong as enshined by Article 43(5) of the Malaysian Constitution; Secondly, whether the First Respondent Tun Dr Mahathir could replace Datuk Seri Anwar as Deputy Prime Minister and Fiance Minister on the approval and consent of the Federal Cabinet 1998.
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