Najib files judicial review application against Prisons Department

KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak has filed an application for leave to initiate judicial review proceedings against the Prisons Department decision to turn down his request to attend Parliament sittings.

His lawyer Muhammad Farhan Muhammad Shafee confirmed that the application was filed through Messrs Shafee & Co at 1pm on Wednesday (Oct 5).

ALSO READ: Prisons Dept rejects Najib’s request to attend Parliament sitting

In the notice of application, the Pekan MP named the government, the Home Affairs Minister and the Commissioner General of Prisons as the first, second and third respondents respectively.

In his supporting affidavit, Najib said the prison had rejected his request, citing "security grounds", on Sept 28.

Dissatisfied with the decision, he then appealed to the Home Minister on Sept 30 along with a request for a decision to be made expeditiously due to the scheduled Parliament sitting on Monday (Oct 3).

ALSO READ: Not up to me if Najib can attend Parliament sitting, says Speaker

However, there has been no response from the Home Minister so far.

Najib, who has been the Pekan MP since 1976, said he has been adversely affected by the refusal in letting him have access to his officers and aides for the purposes of parliamentary, legislative and constituent work as well as access and attendance in Parliament on scheduled sittings.

He said he has a constitutional obligation under Article 59 of the Federal Constitution to discharge his duties effectively and with substance as the MP.

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"A denial of that right by the respondents in refusing the applicant the ability to administer his constituency is in effect a denial of the wellbeing of the constituency of Pekan," Najib said in the affidavit.

Najib, who was convicted and sentenced in the RM42mil SRC International Sdn Bhd case, said that although his appeal in the case was dismissed at the Federal Court, he remains an active Pekan MP as he was given a stay of conviction and sentence pursuant to Section 311 of the Criminal Procedure Code.

ALSO READ: Najib still Pekan MP until pardon petition finalised, says Speaker

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

The applicant said that Parliament grounds was deemed a security area that commonly hosts Kings, Prime Ministers and other national leaders with the tightest security arrangements and that the Prisons Department would have the necessary facilities to ensure the safety and security of persons under their care.

ALSO READ: Najib can attend court in suit against Thomas, says court

He is seeking for an order of certiorari to quash the commissioner general's refusal as well as a court declaration that he is entitled to have the said access to his constituency and the Parliament.

The matter has been fixed for case management before High Court judge Justice Ahmad Kamal Md Shahid on Oct 12.

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