KUALA LUMPUR: The High Court here has dismissed Tun Dr Mahathir Mohamad's application for leave for a judicial review to quash the Royal Commission of Inquiry's decision that it could not disqualify two of its members.
High Court (Appellate and Special Powers) judge Justice Datin Azizah Nawawi made the order in chambers on Thursday after allowing Senior Federal Counsel Datuk Amarjeet Singh's objection raised earlier.
The RCI had rejected Dr Mahathir's application to disqualify Tan Sri Mohd Sidek Hassan and Tan Sri Saw Choo Boon from being panel members in the RCI proceeding.
SFC Amarjeet told reporters that Dr Mahathir's application for leave for a judicial review was dismissed on grounds that the RCI has no jurisdiction to remove its members.
In the judicial review filed on Aug 9, Dr Mahathir sought a certiorari order to quash the decision by the RCI.
He had named RCI panel members Mohd Sidek, Datuk Wira Kamaludin Md Said, Datuk Seri Tajuddin Atan, Saw and Pushpanathan S. A. Kanagarayar, RCI secretary Datuk Dr Yusof Ismail and the Government as respondents.
The former prime minister also sought a mandamus order to compel the Government to immediately advise the Yang di-Pertuan Agong under Article 40(1) and Article 40(1A) of the Federal Constitution, for the purpose of quashing the appointment of the two RCI members.
He said that the RCI had breached natural justice on grounds that the first and fourth respondents were also panel members of the task force responsible to carry out investigation.
The applicant alleged that the task force later forwarded a recommendation to the Cabinet to form a Royal Commission of Inquiry to investigate forex losses by Bank Negara Malaysia in the 1990s.