The former opposition leader said the three-man bench chaired by Court of Appeal (COA) President Zulkefli Ahmad Makinudin was illegally constituted as his appointment was unconstitutional.
Anwar , who is serving a five year jail term for sexual misconduct, wants a fresh Federal Court bench to set aside the decision to do away with his attendance in court.
He also wants the Federal Court to rehear the application or make another order or direction deemed just.
In his affidavit in support of the notice of motion which was filed in the Federal Court registry today, Anwar said the sitting on Oct 27 was bad for want of a coram as a minimum of three judges were necessary under Section 74 of the Courts of Judicature Act 1964.
He said since the chairman was disqualified from sitting, Section 74 had not been complied with.
“I respectfully state that the order dismissing my application is null and void and of no effect,” he added.
Anwar further said Zulkefli’s appointment as COA president was unlawful.
“He retired from the post of COA president upon attaining the age of 66 years and having received a six month extension under Article 125. Thereafter, he is disqualified from holding the post,” Anwar said.
On Sept 28, Zulkefli was appointed as additional judge under Article 122 (1A).
“I respectfully state that the said appointment is ultra vires the constitution because he was not at that time a qualified additional judge,” he said.
Anwar said following the appointment as additional judge, Zulkefli was reappointed as COA president on Sept 28.
He said the appointment as additional judge was in violation of Article 122 (1A) while the reappointment as COA president under Article 125 was unconstitutional.
“I respectfully state that an additional judge of the Federal Court appointed under Article 122 (1A) is not constitutionally qualified to hold the post of COA president,” he said.
Zulkefli, who sat with justices Hasan Lah and Jeffrey Tan Kok Hwa, rejected the Pakatan Harapan leader’s request to be present in his leave to appeal application hearing his right to vote in the Permatang Pauh parliamentary by-election in May 2015.
His counsel Gopal Sri Ram submitted that Anwar had a constitutional right to be present at any litigation to which he was a party.
Government lawyer Amarjeet Singh said Anwar’s right to appear depended on the court’s discretion.
On June 13 this year, Anwar lost his appeal at the Court of Appeal which upheld a High Court dismissal of his bid for a declaration on his right to vote in the by-election.
The Malaysian Bar is also challenging the appointments of Zulkefli and Chief Justice Raus Sharif and has applied to refer the matter straight to the Federal Court for a decision.
It is questioning whether the then chief justice Arifin Zakaria could advice the king to appoint Raus and Zulkefli as additional judges.
It also posed a question as to whether an additional judge could also hold administrative positions such as that of chief justice and COA president.
The government on July 7 announced that Raus would remain in office for another three years from Aug 4, while Zulkefli would remain in his post for another two years from Sept 28.
They had been appointed as chief justice and COA president on April 1 and were scheduled to retire on Aug 3 and Sept 27 respectively, upon reaching the mandatory retirement age.