In an affidavit filed in the High Court earlier this month, Thomas contended that neither the constitution nor any written law empowered the government to set up the task force.
The affidavit was filed in response to one filed by the government and the members of the task force in their bid to strike out Thomas’ lawsuit over their actions.
“The 9th Schedule of the Federal Constitution does not provide the government with any legislative power to appoint the task force.
“(Nor) are there any prerogative powers granted to the government under the constitution or otherwise,” he said.
As a result, the appointment of the task force members was unlawful, and their report on the matter illegal, Thomas added.
He asked for the striking out application to be dismissed, saying the suit raises “serious issues of constitutional law”.
In an affidavit filed on behalf of the government and the task force members last month, director-general of legal affairs in the Prime Minister’s Department, Shukor Mahmood had asked for the suit to be struck out because it was “scandalous, frivolous, vexatious and an abuse of the court’s process”.
Justice Wan Ahmad Farid Wan Salleh will at case management on Jan 30 fix a hearing date for the striking out application.
In the originating summons filed last October, Thomas contended that the publication of the report violates Sections 499 and 500 of the Penal Code and Section 233 of the Communications and Multimedia Act (CMA) 1998.
He said the publication of the task force’s report on his memoir entitled “My Story: Justice in the Wilderness” was a breach of law and his constitutional rights.
Apart from the federal government, he named task force chairman JC Fong and its members – Hashim Paijan, Junaidah Kamaruddin, BS Jagjit Singh, Shaharudin Ali, K Balaguru, Farah Adura Hamidi, and Najib Surip – as defendants.
He is seeking a declaration that the task force was an unlawful body and had no legal authority to perform the functions assigned to it by the government.
Thomas also wants a declaration that the purported report, titled “Laporan Pasukan Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk ‘My Story: Justice in the Wilderness’”, produced by the task force is an illegal document and not authorised by law.
He is also asking for a declaration that the government’s publication of the report violates his right to reputation which, he says, is protected by Articles 5(1) and 13(1) of the constitution.
The task force was established by former prime minister Ismail Sabri Yaakob’s Cabinet on Oct 8, 2021 to undertake a preliminary study of disclosures made by Thomas in his book, which was published in January 2021.
On Dec 22, 2021 the Cabinet approved the task force’s terms of reference, which involved investigating allegations about the judiciary, exposure of government secrets, abuse of power, professional negligence, and seditious statements.
The task force’s report was tabled before the Cabinet in September last year and made public on Oct 21.
Last week, law minister Azalina Othman Said announced that Prime Minister Anwar Ibrahim’s Cabinet has agreed to set up a Royal Commission of Inquiry (RCI) to investigate various claims contained in the controversial book.
She said the terms and reference as well as the composition of the RCI will be announced later.