No basis for Khairuddin to force Muhyiddin out, says lawyer

No basis for Khairuddin to force Muhyiddin out, says lawyer

Senior federal counsel tells the High Court that Khairuddin Abu Hassan had no legal right or genuine interest in the matter.

Former Umno branch leader Khairuddin Abu Hassan wants the attorney-general to ask for Muhyiddin Yassin’s resignation.
KUALA LUMPUR:
Former Umno branch leader Khairuddin Abu Hassan has no locus standi to compel the attorney-general to advise Prime Minister Muhyiddin Yassin to resign for allegedly lacking majority support in Parliament, the High Court heard today.

Senior Federal Counsel S Narkunavathy, who led a team from the Attorney-General’s Chambers representing AG Idrus Harun, said there was no indication that Khairuddin has any specific legal right or real and genuine legal interest in the subject matter.

In fact, Khairuddin had not shown how he was adversely affected by Muhyiddin’s decision, action or omission, Narkunavathy said in making the government’s objection to an application by Khairuddin to force Muhyiddin’s resignation.

He had sought leave to apply for a judicial review, seeking a court order for Idrus to advise Muhyiddin to step down as the prime minister.

“To seek a declaration, the applicant must establish that he had acquired a legal status or right against the respondent which required to be protected by declaratory orders,” she said. Khairuddin must also fulfil the conditions of the Specific Relief Act.

She said Khairuddin must show that his personal right would be injured by the alleged decision, action or omission of the respondent.

However, the question of whether the prime minister has ceased to command the confidence of a majority of the Dewan Rakyat had not been determined in any forum or by any authority, she said.

Khairuddin’s lawyer Mohamed Haniff Khatri Abdulla submitted that his client, as a Malaysian citizen and a taxpayer, had a genuine and legitimate interest in Malaysian public affairs.

High Court Judge Ahmad Kamal Shahid has set April 27 to deliver his decision on whether to grant leave to Khairuddin for the full merits of his application to be heard.

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