“As a subordinate, Wan Ramli Wan Seman had to follow the valid instruction of his superiors,” he added.

Mohammad said this in an affidavit in response to Wan Ramli’s judicial review application filed in September after he was given a dishonourable discharge from the army.

Wan Ramli, 39, named Lt-Kol Sharull Hesham Md Yasin, Lt Mohamad Azammunir Mohd Ashri, armed forces chief Gen Zamrose Mohd Zain, the armed forces and the government as respondents.

Mohammad filed the affidavit on behalf of the respondents.

Wan Ramli was court martialled before Sharull and found guilty of insubordination on July 10. He was later sacked.

Mohammad said Wan Ramli’s failure to adhere to the standing orders and to follow valid instructions from his superiors to get the vaccine was considered an offence under the Armed Forces Act 1972.

“The World Health Organization declared the pandemic as a global phenomenon. Malaysia and the armed forces were also affected due to the spread of the virus,” he said in the affidavit sighted by FMT.

He said the army decided that all soldiers must be vaccinated or else disciplinary action would be taken against them.

“The directive was communicated to everyone on March 3, including to those in the Royal Malay Regiment’s 24th battalion based at Rasah Camp, Negeri Sembilan, where Wan Ramli was attached,” he said.

Mohammad added that the vaccination was made compulsory because soldiers nationwide lived in clusters in family quarters and they performed duties such as drills and physical training, in groups.

“The majority of them live with their families,” he said, adding that the order was also made to prevent the spread of the virus to ensure the army’s capacity and capability of defending the nation’s sovereignty and its preparedness for any external threat were not affected.

Mohammad said the armed forces were frontliners, and that soldiers also interacted with civilians.

He said Wan Ramli was first instructed to take the vaccine on March 3 via the standing orders but he declined.

“A counselling session was then held in early July to persuade him to be vaccinated but he still refused.

“Wan Ramli also did not submit any medical report to support his claim that he could be exempted from taking the vaccine,” Mohammad said in applying for the judicial review to be dismissed with costs.

Mohammad said he finally decided to terminate Wan Ramli’s service as provided under the law.

“His right to pension is also not absolute as a soldier needs to serve a minimum 21 years,” he said, adding that Wan Ramli had only put in 19 years as of Aug 26, 2021.

Wan Ramli, wants a court declaration that his early termination is null and void. He was only scheduled to be discharged on Jan 20, 2023.

His service was terminated over four alleged offences under the Armed Forces Act.

Wan Ramli said his rights as a citizen and member of the armed forces under Articles 5 (1) and 8 (1) of the Federal Constitution had been violated.

Because of the dishonourable discharge from service, he said, he had lost his right to pension under Article 147, which was a proprietary right protected by Article 13 (1).

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