May 21, 2009 By M. MAGESWARI
Pix courtesy of Malaysiakini
PUTRAJAYA:The Federal Court has set July 30 for PKR adviser Datuk Seri Anwar Ibrahim to challenge the legality of his dismissal as the Deputy Prime Minister and Finance Minister in 1998.
A Federal Court registry official confirmed yesterday that the case, which was initially scheduled to be heard yesterday had to be rescheduled.
Court of Appeal president Justice Alauddin Mohd Sheriff was scheduled to chair a three-man panel yesterday. The two other members are Federal Court judges Justice Hashim Yusoff and Justice Mohd Ghazali Mohd Yusoff.
Senior Federal Counsels Datuk Kamaludin Md Said, Azizan Mohd Arshad and Lailawati Ali were present for the respondents yesterday.
The apex court had on June 16 last year granted leave for Anwar to challenge his sacking by the-then Prime Minister Tun Dr Mahathir Mohamad on Sept 2, 1998.
The apex court will determine two questions of law - whether Anwar’s sacking was unconstitutional or not, and whether Dr Mahathir could sack his deputy without first advising the Yang di-Pertuan Agong.
Upholding a December 1998 High Court decision to strike out Anwar’s civil action, the Court of Appeal had on April 25, 2007 held that his sacking from his Cabinet posts in 1998 by Dr Mahathir was lawful.
It ruled that the Prime Minister has the power to dismiss any Minister in the Cabinet and he could at any time advise the Yang di-Pertuan Agong, who is bound to act on his advice.
Court of Appeal judges Justices Zulkefli Ahmad, Md Raus Sharif and Heliliah Mohd Yusof unanimously dismissed Anwar’s appeal against the High Court decision to summarily strike out his suit against the Prime Minister and the Government for dismissing him in 1998.