Kuala Lumpur High Court has set Nov 18 this year to hear an application by Selangor Menteri Besar Azmin Ali to declassify Auditor General’s 1Malaysia Development Berhad (1MDB) report.
The Gombak MP became the first parliamentarian to seek leave from the High Court (Appellate and Special Powers) to initiate a judicial review proceeding to declassify the report from official secret.
In his application for leave, Azmin named Prime Minister and Finance Minister Najib Razak, Auditor-General Ambrin Buang and the federal government as respondents.
Azmin, who is also PKR deputy president, is applying 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,” Star Online reported as he saying.
A part from that, Azmin is also seeking an order from the court compelling the respondents, officers or agents to declassify the 1MDB report pursuant to Section 2C of the OSA and to release it to the public.
The PKR deputy president said the 1MDB report was posted online by Sarawak Report between July 6 and July 30, thereby destroying the basis for any continued confidentiality.
In his grounds to support the application, Azmin said the decision is unconstitutional in that it was made in breach of Article 107 of the Federal Constitution pertaining to reports of the Auditor- General.
Among others, he said the decision renders ineffective the exercise of his fundamental right of free speech and expression and others guaranteed by the Federal Constitution and in consequence is unconstitutional.
Ambrin had, on March 3, classified the federal audit report on 1MDB as an official secret which Azmin claims as unprecedented.