
N Sundra Rajoo, who was head of the AIAC from 2010 until late last year, filed a judicial review in the Kuala Lumpur High Court last week.
The 63-year-old is seeking a declaration that, as a high officer of the AIAC, he was entitled to protection for acts and omissions in his official capacity.
He also wants a declaration that the immunity cannot be waived under the International Organisations (Privileges and Immunities) Act 1992, and that neither the current acting director nor any officer from the centre can strip him of this protection.
Sundra claims he enjoys immunity as the centre was set up in 1978, following diplomatic correspondence between Malaysia and the Asian-African Legal Consultative Organisation.
Sundra, a FIFA Ethics Committee judge, was held overnight in November after flying in from Zurich, where FIFA has its headquarters.
He was released after a magistrate dismissed an application for a remand order by the Malaysian Anti-Corruption Commission (MACC) on grounds that he had diplomatic immunity as head of the AIAC.
The anti-graft agency had launched investigations following reports that Sundra allegedly used his position to gain financial favours.
Sundra, who claims he was forced to resign from the AIAC, was replaced by senior lawyer Vinayak Pradhan as acting director on Nov 22.
He was appointed in 2017 as one of two deputy chairmen of the Ethics Committee’s adjudicatory chamber, which has slapped lifetime bans on several football executives named in a sprawling US Justice Department probe into football corruption.
Court papers sighted by FMT show that the foreign ministry, the attorney-general, MACC and Putrajaya have been named as respondents to Sundra’s action.
Sundra is seeking an order to stop the attorney-general from framing charges against him for any acts or omissions during his term of office.
He also wants an order stopping MACC from making any arrest or initiating judicial proceedings for the same, and for the High Court to set aside any order obtained by the four respondents to remove his immunity.
He has filed an affidavit and statement through legal firm Kanesalingan & Co in support of the judicial review application.
FMT understands that the High Court has fixed March 26 to hear the leave application for the judicial review.