KUALA LUMPUR: The High Court has fixed Feb 25 to hear a striking out application filed by Prime Minister Datuk Seri Anwar Ibrahim on Hindraf chairman P. Waytha Moorthy's lawsuit challenging his election as Tambun MP and his subsequent appointment as premier.
Justice Alice Loke Yee Ching fixed the date during case management here on Tuesday (Jan 27).
"I am fixing the hearing on Feb 25 at 2pm," she said.
Appearing before the judge were lawyers S. Karthigesan for Waytha Moorthy, Daniel Albert and Nicholas Yap for Anwar and Federal Counsel Mohammad Sallehuddin Md Ali from the Attorney General's Chambers (AGC) as amicus curiae (friend of the court).
ALSO READ: AGC: Pardon fully restored Anwar's eligibility as MP, PM
Earlier, Albert told the court that Anwar's lead counsel Ranjit Singh was absent as he was unwell.
Meanwhile, Karthigesan said that his client, who is also a lawyer, sought to represent himself in the case as he (Waytha Moorthy) would be submitting on certain issues in the application.
Anwar filed the striking out application on Oct 10 on the grounds that Waytha Moorthy's suit was filed out of time.
In the court documents, Anwar claimed that the originating summons was unsustainable, frivolous, vexatious, and an abuse of court process.
He is also seeking for all proceedings relating to the suit at the High Court to be stayed pending the disposal of his striking out application.
ALSO READ: Anwar files application to strike out Hindraf chairman Waytha Moorthy’s suit
Waytha Moorthy filed the lawsuit on Aug 14 last year seeking a court declaration that Anwar's 2018 royal pardon did not exempt him from the five-year constitutional disqualification imposed on individuals convicted of criminal offences.
He is seeking a court declaration that Anwar's election as Tambun MP on Nov 19, 2022, and his subsequent appointment as prime minister five days later are null and void.
The AGC responded to the suit, saying there was no issue with Anwar's appointment, as the pardon by the 15th Yang di-Pertuan Agong was a full pardon where the Prime Minister is as a person who had never committed any offence.
