KUALA LUMPUR (Nov 3): The High Court here has struck out the late Tun Daim Zainuddin's family suit challenging the police investigations against them for allegedly committing activities detrimental to parliamentary democracy.

High Court judge Indra Nehru Savandiah on Tuesday allowed Prime Minister Datuk Seri Anwar Ibrahim and the other defendants' application to strike out the legal bid over allegations of the family trying to topple the government earlier this year.

In her brief decision, Indra said that there was no cogent evidence before the court to prove allegations of bad faith in the ongoing police investigations.

"The allegations that the ongoing police investigations being conducted may be influenced by [Anwar's] alleged public comments are merely [...] assumptions, unsupported by any facts capable of establishing bad faith or mala fide in the ongoing investigations.

"The is no nexus to connect [Anwar's] alleged public comments to the independent ongoing investigations which are based on a police report lodged," she said.

Indra also said that lawyers Amir Zharif Abdullah and Nizamuddin Hamid — who are also plaintiffs in the suit — may have acted as advocates and solicitors for Daim's widow and their children but that in itself does not "afford them the legal professional privilege under all circumstances".

She made no order as to cost.

The court case was a result of investigations based on police report made by a local editor which singled out the former finance minister's widow, Toh Puan Na'imah Abdul Khalid, and alleged a scheme by a group planning to use at least five international media outlets to put pressure on Anwar and former Malaysian Anti-Corruption Commissioner chief Tan Sri Azam Baki.

Na'imah's lawyers, Amir Zharif and Nizamuddin, were also named in the report.

Na'imah along with Nizammuddin have rubbished the claims, with Nizamuddin calling it the "mother of all lies" and Na'imah saying that they were “false and preposterous”.

The originating summons was subsequently filed where Na'imah along with the other applicants were seeking a declaration that the police's "commencement" of an investigation under Section 124B of the Penal Code against them was unconstitutional, in bad faith, and was an abuse of statutory powers.

The suit also seeks a declaration that the investigations violate the plaintiffs’ fundamental liberties as stipulated in the Federal Constitution.

Among others, they also want a court declaration that Section 124B of the Penal Code is unconstitutional, as it is "vague, overboard, ambiguous and disproportionate in its scope" and contravenes the rights guaranteed by the Federal Constitution.

Section 124B states that whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy, shall be punished with imprisonment for a term which may extend to 20 years.

Besides' Na'imah, her children Muhammed Amir Zainuddin and Muhammed Amin Zainuddin, and lawyers Amir Zharif and Nizamuddin, were the plaintiffs

They had named Anwar, Inspector General of Police Tan Sri Mohd Khalid Ismail, and the government as the defendants.

Lawyers Datuk Dr Gurdial Singh Nijar and Abraham Au appeared for the plaintiffs while senior federal counsel Mohammad Salehuddin Md Ali and federal counsel Mohd Solihin Md Zaki appeared for the defendants.

Au confirmed with The Edge that Na'imah will be appealing against Tuesday's decision.

Read also:
Anwar, IGP seek to quash bid by Na’imah and others to stop 'toppling govt probe'
Topple govt allegations: Late Daim’s family and two lawyers haul PM, IGP to court
'Mother of all lies' — Na'imah's lawyer rubbishes allegations of plans to topple govt
Daim’s widow Na’imah denies involvement in alleged plot to topple govt