Court to hear Najib's judicial review bid against Prisons Dept on Oct 19

KUALA LUMPUR: The court has set Oct 19 to hear Datuk Seri Najib Razak’s application for judicial review over the Prisons Department's refusal to let him attend Parliament.

Justice Ahmad Kamal Md Shahid set the date during case mention here on Wednesday (Oct 12).

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Earlier, Federal Counsel M. Kogilambigai asked the court for at least one week's time to study Najib's application for leave to seek judicial review.

"We need time to study the submission and we will inform the court whether the Attorney General's Chambers (AGC) will raise an objection," she said.

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She also said there was no urgency to the application as Parliament was dissolved recently on Oct 10.

Najib's counsel Tan Sri Muhammad Shafee Abdullah, however, said the matter was urgent as it involved his client's rights to attend Parliament sittings.

ALSO READ: Najib files judicial review application against Prisons Department

"There are serious legal issues to be determined by the court – including whether Najib will be where nomination takes place or whether he can be nominated. I suggest that the application be heard on Friday (Oct 14)," said Muhammad Shafee.

On Oct 5, Najib filed the application for leave to initiate judicial review proceedings against the Prisons Department's decision to turn down his request to attend Parliament sittings.

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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).

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

Najib, who has been Pekan MP since 1976, said he had 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 an obligation under Article 59 of the Federal Constitution to discharge his duties effectively and with substance as the MP.

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.

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