High Court dismisses two 1MDB-linked judicial review applications

(The Star) – The High Court has dismissed a judicial review application by Selangor Mentri Besar Datuk Seri Azmin Ali, who is seeking to declassify the Auditor General’s report on 1Malaysia Development Bhd (1MDB).

High Court (Appellate and Special Powers) judge Justice Kamaludin Md Said also dismissed a similar application by businessman Muhammad Zahid Md Arip to declassify the same report.

Justice Kamaludin rejected both applications on the grounds that there was no legal standing to file the suit.

He said the reasons advanced by the Gombak MP and Muhammad Zahid to show that they have locus standi to bring this action or adversely affected was profoundly frivolous.

No order as to costs were made by the court.

Azmin had named Prime Minister and Finance Minister Datuk Seri Najib Tun Razak, Auditor-General Tan Sri Ambrin Buang and the Government as respondents in the judicial review application.

He applied for a declaration that Najib acted in conflict of interest in issuing a certificate under Section 2B of the Official Secrets Act (OSA) 1972 to Ambrin directing him to classify the report as an “official secret.”

He had asked for a declaration that the classification by Ambrin of the 1MDB report as an official secret under the OSA was unlawful and beyond his legal scope as provided in the Federal Constitution, the OSA and the Audit Act 1957.

Meanwhile, Muhammad Zahid also wants a declaration that the decision to classify the report as an official secret is unconstitutional.

In his application, Muhammad Zahid wanted an order to compel the respondents to hand over the final audit report on 1MDB to the relevant parties in accordance with the Federal Constitution.