Legality of Anwar Ibrahim’s Premiership Referred to Federal Court

Details: Written by: Waytha

PRESS STATEMENT

For Immediate Release
7 October 2025

On the 6th October 2025, through my solicitors Messrs Karthig Shan I have filed an application before the High Court of Malaya seeking to refer urgent and substantial constitutional questions to the Federal Court pursuant to Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964.

This application seeks the speedy and authoritative determination by the Federal Court on matters that go to the very heart of Malaysia’s parliamentary democracy, particularly the constitutional legitimacy of Dato’ Seri Anwar bin Ibrahim’s appointment as Prime Minister.

The questions referred concern the proper interpretation and effect of Articles 42 and 48 of the Federal Constitution, specifically whether:

i) Whether the removal of parliamentary disqualification under Article 48 is a separate constitutional process, independent of the royal pardon powers under Article 42.

ii) Whether a royal pardon under Article 42 automatically removes parliamentary disqualification, or whether a distinct constitutional act by the Yang di-PertuanAgong under Article 48 is also required to restore eligibility to serve as a Member of Parliament

These are grave and novel constitutional issues of immense public importance. They touch upon the rule of law, constitutional supremacy, and the legitimacy of executive authority in Malaysia. An authoritative pronouncement by the Federal Court is essential to ensure legal certainty and constitutional integrity.

I call upon Dato’ Seri Anwar Ibrahim not to obstruct, delay, or frustrate the judicial process through technicalities or procedural tactics. As the Prime Minister, he must face the constitutional questions surrounding his legitimacy openly and without evasion. This matter goes to the heart of Malaysia’s democracy — it must be resolved swiftly, decisively, and in full view of the Malaysian people.

Only a clear and final determination by the Federal Court can preserve public confidence in our institutions and uphold the supremacy of the Federal Constitution.

Waytha Moorthy Ponnusamy