<figure id="attachment_2721420" aria-describedby="caption-attachment-2721420" style="width: 1600px" class="wp-caption aligncenter"><img loading="lazy" class="size-full wp-image-2721420" src="https://media.freemalaysiatoday.com/wp-content/uploads/2024/03/d37900f1-takiyuddin-hassan-bernama-pic-270324.webp" alt="takiyuddin" width="1600" height="1000" /><figcaption id="caption-attachment-2721420" class="wp-caption-text">Takiyuddin Hassan said the Federal Court’s decision in 2019 that the prime minister is a ‘public officer’ and can be sued for abuse of power set an important precedent. (Bernama pic)</figcaption></figure>
<p>PETALING JAYA: Prime Minister Anwar Ibrahim’s application to the Federal Court to rule whether he has immunity from a civil suit invites direct comparison with a case concerning former prime minister Najib Razak, says Perikatan Nasional chief whip Takiyuddin Hassan.</p>
<p>In a statement today, Takiyuddin pointed out that Najib had sought immunity from a civil suit filed against him by then DAP MP Tony Pua over allegations of abuse of power in the 1MDB controversy.</p>
<p>Takiyuddin, a lawyer, noted that the Federal Court had decided on Nov 19, 2019 that the prime minister is a “public officer” and can be sued for abuse of power.</p>
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<p>“This case (involving Najib) set an important precedent that a prime minister is not immune to civil or tort action if it relates to the public abuse of power.</p>
<p>“In other words, no citizen, including the prime minister, should be above the law, and no position can be used as a legal shield against actions taken on a personal basis,” he said.</p>
<p>Anwar is asking the High Court to refer eight questions of law to the Federal Court for determination, including whether he has immunity from a civil suit brought against him by a former research assistant.</p>
<p>He said he wants the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff Rawther four years ago.</p>
<p>The suit relates to events which allegedly took place prior to Anwar taking office on Nov 24, 2022.</p>
<p>In the application filed by Messrs Zain Megat &amp; Murad, Anwar asked the court to decide whether the suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.</p>


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