The Shah Alam High Court today fixed Sept 8 for case management of the Attorney-General's application to declare null and void a circular by the Selangor government prohibiting state officials from giving statements to the Malaysian Anti-Corruption Commission (MACC) after office hours.

The new date is to allow the Selangor government to file its affidavit-in-reply.

The application for the judicial review was filed on Aug 20 with Attorney General Abdul Gani Patail filing an affidavit in support.

The circular, which stated that state officials can only be questioned by the MACC at their respective office premises and during working hours, was issued by state secretary Ramli Mahmud on July 28, following the death of political aide Teoh Beng Hock.

Teoh, the political secretary of state executive councillor Ean Yong Hian Wah, was found dead at Plaza Masalam near here on July 16 after he was earlier questioned by the Selangor MACC officers at their headquarters which is on the 14th floor of the same building.

NONERecently, both Abdul Gani and Minister in the Prime Minister's Department Mohamed Nazri Abdul Aziz in a joint press conference said the circular was unlawful and could be interpreted as an attempt to prevent the MACC officers from carrying out their duties.

This morning, the Selangor government was represented by lawyer Fahda Nur and Yusmadi Yusoff (above). Federal counsel See Mee Chun appeared on behalf of the AG.

AG's duty to protect public interest

In his affidavit, Abdul Gani said the state government circular was against the law as it violated the legal rights accorded to the MACC officers in performing their duties.

He said that the MACC officers were bound by the MACC Act 2009 in performing their tasks.

He also added that the circular meant that any non-compliance could lead to state officers or staff in facing disciplinary actions by the state government.

"As Attorney-General, I am entrusted with the maintenance and compliance of the law.

"In my task as AG, I would ensure that there is no action taken based on the directive or circular... such actions are against the law of the country," he stated.

Abdul Gani said as the guardian of public interest, he was entrusted with protecting the federal law, so that public's interests could be upheld.

It was for this reason, he was making the application to strike out the state circular, he added.

[Full report to follow]