PETALING JAYA: Former attorney-general (AG) Mohamed Apandi Ali, who filed a RM2.2 million suit for unlawful termination of his services, has been given until next week to file an application for documents to support his action, his lawyer said.
Abdul Shukor Ahmad said High Court deputy registrar Norhatini Abdul Hamid has ordered the application to be filed on or before Dec 11.
“We want to obtain documents in the possession of the defendants to determine whether he was dismissed to the satisfaction of the King,” Shukor told FMT after an e-review case management today.
He said Apandi’s contention was that the decision to terminate him from office came from then prime minister Dr Mahathir Mohamad and not the King.
He said Apandi had been given the go-ahead to file, if necessary, other interlocutory applications by Dec 11.
Norhatini has fixed Dec 11 for another case management.
Senior federal counsel S Narkunavathy today appeared for Mahathir and the government, who were named in Apandi’s suit filed on Oct 13.
Apandi is seeking a declaration that the termination of his services by Mahathir in 2018 was unconstitutional and that it was a breach of contract between him and the government.
The former Federal Court judge, who was appointed attorney-general in July 2015, wants a declaration that Mahathir committed a misfeasance in public office as prime minister.
He said Mahathir had failed to follow Article 145 of the Federal Constitution in dismissing him and treated the office of the attorney-general and the person holding it as a civil servant who must comply with his wishes.
He is asking for RM2,233,599.36 in special damages, punitive damages and general damages to be assessed by the court.
In his statement of claim, Apandi said he was appointed by the Yang di-Pertuan Agong on the advice of then prime minister Najib Razak for a three-year period until July 26, 2018 and was given an extension until 2021.
However, the government, in its defence, said Mahathir did not play any role in the alleged unlawful termination but it was done according to the law.
“There was no misuse of power by the former prime minister over the termination.
“We contend that this claim has no merits and the plaintiff (Apandi) is not entitled to seek any damages or declarations in the courts,” the government said.