KUALA LUMPUR: A judicial review application to challenge restrictions imposed by the Malaysian Anti-Corruption Commission (MACC) against Tan Sri Muhyiddin Yassin and Bersatu has been filed.
The restrictions included the travel ban imposed on the former prime minister and a freeze on the political party’s bank accounts.
Muhyiddin, who is Bersatu president, is also seeking a court order to quash the travel ban, claiming it was “wrongful” and “without basis”.
The application was filed through Messrs Chetan Jethwani & Company on Wednesday.
Apart from Muhyiddin, the application was jointly filed by Datuk Kapt (R) Muhammad Suhaimi Yahya, who is the first applicant, in his capacity as a public officer of Bersatu.
They named MACC chief commissioner Tan Sri Azam Baki, MACC senior director of investigation Datuk Seri Hishamuddin Hashim, MACC anti-money laundering division director Datuk Mohamad Zamri Zainul Abidin, Immigration director-general Datuk Seri Khairul Dzaimee Daud, 13 MACC officers along with the MACC, the Immigration Department and the government as respondents.
The 13 officers are MACC officers involved in the investigation against Bersatu and the execution of the freeze order.
Muhyiddin and Muhammad Suhaimi are seeking leave from the High Court to initiate the judicial review.
Subsequently, the applicants are seeking to unfreeze the said accounts so that a sum of RM4,354,635.80 could be used for the expenses, operations and management of Bersatu.
The applicants claimed the freezing order was wrongful, null and void as a result of the unconstitutionality, illegality, procedural impropriety, irrationality, mala fide, abuse of process, and abuse of power by MACC and its officers.
On Muhyiddin’s travel ban, the applicants sought a declaration that the ban, without any reasonable basis, is illegal and a violation of Articles 5, 8, 9 and 10 of the Federal Constitution.
In his supporting affidavit, Muhyiddin said Khairul Dzaimee had imposed the travel ban on him without handing over any official notice and without reason.
“On March 5, I made a check through the Immigration Department’s website and found that the department had imposed a travel ban on me.
“This is a move to oppress my fundamental right to freedom because I have been invited to deliver a keynote address at an international conference, “The 1st Annual Conference of the Global Council for Political Renewal”, in London on April 14 and 15,” Muhyiddin added.
He said he believed the travel ban was imposed on him because Prime Minister Datuk Seri Anwar Ibrahim was concerned about his appearance at the international forum to speak about the political developments in Malaysia.
The application sought a court declaration that the respondents had violated the constitutional rights of Bersatu and Muhyiddin.
The case is fixed for hearing before Justice Ahmad Kamal Md Shahid on April 6.
