Najib files for judicial review against Department of Prisons

KUALA LUMPUR: Former Prime Minister Datuk Seri Najib Razak has filed an application for leave to initiate judicial review proceedings against the Prisons Department’s decision to reject his request to attend sittings of Parliament.

His lawyer Muhammad Farhan Muhammad Shafee confirmed that the application was filed through Messrs. Shafee & Co at 1 p.m. Wednesday, October 5.

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In the Notice of Motion, the MP for Pekan named the Government, the Minister of the Interior and the Commissioner General of Prisons as the first, second and third defendants respectively.

In his supporting affidavit, Najib said the prison denied his request, citing “security reasons,” on September 28.

Unhappy with the decision, he then appealed to the Home Secretary on September 30 with a request for a quick decision due to the scheduled session of Parliament on Monday October 3.

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For the moment, no response has been given by the Ministry of the Interior.

Najib, who has been an MP for Pekan since 1976, said he was aggrieved by the refusal to allow him access to his officers and aides for parliamentary, legislative and constituent work, as well as access and participate in Parliament on time. sessions.

He stated that he had a constitutional obligation under Article 59 of the Federal Constitution to discharge his duties effectively and substantially as a Member of Parliament.

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“A denial of this right by the respondents by denying the plaintiff the ability to administer his constituency is in effect a denial of the welfare of the constituency of Pekan,” Najib said in the affidavit.

Najib, who was convicted and sentenced in the case of RM42mil SRC International Sdn Bhd, said that although his appeal in the case was dismissed in Federal Court, he remains an active MP for Pekan as he received a suspended sentence and sentence in accordance with article 311 of the Code of Criminal Procedure.

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He said he was entitled to retain his status as MP for Pekan until his petition for a royal pardon and a review of the Federal Court’s dismissal of his appeal was decided.

The plaintiff stated that the grounds of Parliament are considered a security zone which usually hosts kings, prime ministers and other national leaders with the strictest security arrangements and that the prisons department would have the necessary facilities to ensure the safety and security of those in their care.

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He seeks an order of certiorari to overrule the Commissioner General’s refusal as well as a declaration of justice that he is entitled to said access to his constituency and to Parliament.

The case was settled for case management before High Court Judge, Justice Ahmad Kamal Md Shahid on October 12.