AG ordered to reply to S'gor gov't
Published: Sep 8, 2009 9:55 AM | Updated: Sep 8, 2009 9:57 AM
The High Court here has ordered the attorney-general to reply to an affidavit in response filed by the Selangor government relating to his application to have a circular, that directed officials and staff of the state government to assist in Malaysian Anti-Corruption Commission (MACC) investigations during office hours with the presence of lawyers, as null and void.
The High Court here has ordered the attorney-general to reply to an affidavit in response filed by the Selangor government relating to his application to have a circular, that directed officials and staff of the state government to assist in Malaysian Anti-Corruption Commission (MACC) investigations during office hours with the presence of lawyers, as null and void.
Assistant registrar Mohd Hafizi Abdul Halim when making the order in his office also ordered the AG to reply to an application filed by the Selangor government on Friday to strike out the originating summons.
The court fixed Sept 15 for re-mention of the case.
Senior federal counsel See Mee Chun represented the plaintiff while the defendants were represented by Yusmadi Yusoff.
On Aug 20, the attorney-general Abdul Gani Patail filed an originating summons in the High Court registrar's office here to apply for an order to declare that the circular concerned issued by the Selangor state secretary Ramli Mahmud dated July 28 was null and void.
Beside the Selangor state government, Abdul Gani as the plaintiff, also named the state secretary as a defendant.
In his supporting affidavit, Abdul Gani among others stressed that the circular was null and void as it went against Section 30 (1) (a) and Section 30 (3) (a) of Malaysian Anti-Corruption Commission Act 2009 (Act 694).
Abdul Gani said viewing the circular as an administrative directive, it bound all officials and staff of the Selangor state government, and that if it was not followed it could be used as grounds for disciplinary action against them.
Proper party was MACC, not AG
Also on Friday, the Selangor state government filed an application to set aside the originating summons filed by the AG.
A supporting affidavit to oppose the application of the AG and to support the application of the Selangor state government was filed on the same day.
In that the Selangor state government said the AG had no locus standi to begin the proceedings and that the proper party was the MACC as the commission was the directly affected party with the directive.
The Selangor government also charged that the way used to initiate the proceedings should actually be through a writ of summons and not an originating summons as there were many facts and issues that were contentious that could only be determined in a trial through cross-examination of witnesses.
The 55-page affidavit attested by Selangor Menteri Besar Abdul Khalid Ibrahim among others stated that the circular dated July 29, 2009 was issued after getting the advice of the state's legal advisor Zauyah Be T Loth Khan and was issued with the intention to help investigations by the
MACC and not otherwise.
The affidavit also stated that the circular was only necessary and needed to be issued as state officials and staff were allegedly continuously disturbed and called without notice by the MACC to surrender various documents.
- Bernama
Assistant registrar Mohd Hafizi Abdul Halim when making the order in his office also ordered the AG to reply to an application filed by the Selangor government on Friday to strike out the originating summons.
The court fixed Sept 15 for re-mention of the case.
Senior federal counsel See Mee Chun represented the plaintiff while the defendants were represented by Yusmadi Yusoff.
On Aug 20, the attorney-general Abdul Gani Patail filed an originating summons in the High Court registrar's office here to apply for an order to declare that the circular concerned issued by the Selangor state secretary Ramli Mahmud dated July 28 was null and void.
Beside the Selangor state government, Abdul Gani as the plaintiff, also named the state secretary as a defendant.
In his supporting affidavit, Abdul Gani among others stressed that the circular was null and void as it went against Section 30 (1) (a) and Section 30 (3) (a) of Malaysian Anti-Corruption Commission Act 2009 (Act 694).
Abdul Gani said viewing the circular as an administrative directive, it bound all officials and staff of the Selangor state government, and that if it was not followed it could be used as grounds for disciplinary action against them.
Proper party was MACC, not AG
Also on Friday, the Selangor state government filed an application to set aside the originating summons filed by the AG.
A supporting affidavit to oppose the application of the AG and to support the application of the Selangor state government was filed on the same day.
In that the Selangor state government said the AG had no locus standi to begin the proceedings and that the proper party was the MACC as the commission was the directly affected party with the directive.
The Selangor government also charged that the way used to initiate the proceedings should actually be through a writ of summons and not an originating summons as there were many facts and issues that were contentious that could only be determined in a trial through cross-examination of witnesses.
The 55-page affidavit attested by Selangor Menteri Besar Abdul Khalid Ibrahim among others stated that the circular dated July 29, 2009 was issued after getting the advice of the state's legal advisor Zauyah Be T Loth Khan and was issued with the intention to help investigations by the
MACC and not otherwise.
The affidavit also stated that the circular was only necessary and needed to be issued as state officials and staff were allegedly continuously disturbed and called without notice by the MACC to surrender various documents.
- Bernama
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