Constitutional Principles, Not Personal Immunity: PMX Clarifies Position After Court Decision

The case, stemming from alleged incidents in 2018 before his premiership, puts Anwar in the position of defending against a civil lawsuit while serving as Prime Minister.

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Prime Minister Datuk Seri Anwar Ibrahim has failed in his attempt to seek immunity from a civil lawsuit, after the High Court in Kuala Lumpur rejected his application on Wednesday (4 June).

Justice Roz Mawar Rozain ordered Anwar to pay RM20,000 in costs and ruled that the trial should proceed as scheduled on 16 June.

The judge found that Anwar’s legal questions did not meet the requirements under Section 84 of the Courts of Justice Act 1964.

Hours after the decision, the Prime Minister issued a statement defending his position, insisting the case was about constitutional principles rather than personal protection.

“This matter has never been about seeking personal immunity or escaping legal scrutiny,” Anwar stated.

It concerns the integrity of our constitutional system and the need to ensure that high public office is protected from litigation that may be strategically timed, politically motivated, or institutionally disruptive.

The Prime Minister emphasised his commitment to the rule of law and judicial independence, stating he would “continue to discharge my responsibilities without distraction or compromise.”

Court Weighs Democracy Against Executive Protection

The case centres around a civil suit filed by his former research assistant, Muhammad Yusoff Rawther, who alleges a sexual assault occurred at Anwar’s residence in Segambut in October 2018, before he became Prime Minister.

Anwar’s legal team had sought to refer eight constitutional questions to the Federal Court under Article 128(2) of the Federal Constitution, including:

Whether his position as Prime Minister grants him immunity from civil lawsuits
If the lawsuit affects his ability to perform executive duties
Whether the legal proceedings violate his constitutional right to equal treatment under the law

While Anwar frames the case as a matter of protecting the prime minister’s office from politically motivated litigation, the court’s decision effectively reinforces the principle that democratic leadership doesn’t come with special legal privileges.

The ruling suggests that even the country’s highest office holder must face legal proceedings like any other citizen.

The lawsuit was filed in 2021 by Muhammad Yusoff, 32, who is seeking various damages related to an alleged incident that occurred four years before Anwar, 78, became Prime Minister in November 2022.

The judge emphasised that constitutional provisions serve as protections rather than immunity shields, stating that equal treatment under the law “guarantees equal treatment, not exemption from it.”

The case will now proceed to trial as originally scheduled, with the Prime Minister’s immunity bid rejected, despite his concerns about the potential for politically motivated litigation to disrupt governmental functions.

A History of Legal Battles: Anwar’s Path to Power

The latest case adds to a complex history of legal challenges that have marked Anwar’s political career spanning decades.

In what became known as his first sodomy trial, Anwar was arrested in September 1998 while serving as Deputy Prime Minister.

He was charged with corrupting the course of justice and sodomy involving his former driver and speechwriter.

The trial, which drew international attention, resulted in a conviction and a nine-year prison sentence.

Anwar maintained the charges were politically motivated, orchestrated by then-prime minister Tun Dr Mahathir Mohamad’s government.

He was eventually freed in 2004 after Malaysia’s highest court overturned the conviction.

The Second Trial: Politics, Power and Persecution

A second set of sodomy allegations emerged in 2008 when Anwar’s aide, Mohd Saiful Bukhari Azlan, filed a police report claiming Anwar had sodomized him.

The case led to another trial that lasted several years.

Despite an initial acquittal in 2012, the decision was overturned by an Appeals Court in 2014, resulting in a five-year prison sentence.

Anwar was granted a full pardon on 16 May, 2018, which led to his release after serving time for the conviction.

He had consistently maintained that these charges were also politically motivated to derail his opposition coalition’s growing influence.

The PKR president and Tambun MP also publicly stated that he forgives those who accused him of wrongdoing, although Anwar also expressed that he will not forget the trauma caused by the accusations.