The former prime minister’s lawyer Mohamed Haniff Khatri Abdulla said the letter was sent to the Federal Court registrar today.
“We are seeking the right to appear on behalf of our client as amicus curiae (friend of the court) or even to hold a watching brief and address the court on the subject matter,” he told FMT.
The Federal Court has fixed Nov 27 to hear Anwar’s application.
On Oct 27, a three-man Federal Court bench chaired by Zulkefli Ahmad Makinudin refused Anwar the right to be present in court to follow his civil case against the Election Commission (EC).
The opposition leader, who is serving a five year jail term for sodomy, is appealing a ruling that the EC is not required to facilitate voting rights for prisoners.
Anwar said Zulkefli’s appointment, both as additional judge and his reappointment as Court of Appeal president, is against provisions in the Federal Constitution.
The government, on July 7, announced that Chief Justice Raus Sharif 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.
Both were appointed as chief justice and Court of Appeal president on April 1 and were scheduled to retire on Aug 3 and Sept 27 respectively, upon reaching the mandatory retirement age of 66 years and six months.
Haniff said in Anwar’s case, the Federal Court ruling was important as the judges would be interpreting provisions in the constitution and the decision would be binding on the lower courts.
Apart from Mahathir, the Malaysian Bar and Parti Amanah Negara have filed challenges to nullify the appointments of Raus and Zulkefli.
On Nov 6, justice Azizah Nawawi dismissed Mahathir’s judicial review to revoke the appointments of Raus and Zulkefli on grounds the prime minister had no legal duty under the constitution to advise the king to revoke the appointments.
Mahathir has filed an appeal in the Court of Appeal.
The government is also blocking the Malaysian Bar’s originating summons to challenge the appointments of Raus and Zulkefli.
The Bar wants Azizah to refer its case straight to the Federal Court for a decision as serious constitutional issues have arisen.
Azizah will hear the objection, and the Bar’s application, on Dec 19.
Azizah will also hear on Dec 7 the government’s objection to Amanah’s leave application for a judicial review to nullify the appointment of Raus.
On Nov 1, Amanah assistant secretary Abang Ahmad Kerdee Abang Masagus filed an application that required Raus to justify under what authority he was exercising his powers as additional judge and to remain as chief justice after retirement.