KUALA LUMPUR: In a test case, a businessman is seeking to declassify the final audit report on 1Malaysia Development Bhd (1MDB) which is under the Official Secrets Act (OSA).
He wants the High Court to strike out the decisions made by the Government and two others to classify the report as secret under the Act, and a declaration that the decisions were unconstitutional.
Muhammad Zahid Md Arip, 50, filed an application at the High Court (Appellate and Special Powers) for leave to initiate judicial review proceedings.
In his application, he named Prime Minister Datuk Seri Najib Tun Razak, the Auditor-General and the Government as respondents.
His lead counsel Mohamed Haniff Khatri Abdulla told reporters after the filing at the High Court registry here that the judicial review was purely to lift the OSA in respect of the report.
He said his team would serve a copy of the application on the Attorney-General’s Chambers.
Muhammad Zahid is applying for 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.
He argued that the decisions to classify the report and the continuous failure to declassify it was in contradiction of Article 107 (1) of the Federal Constitution.
He said the article required the Auditor-General to hand over the report to the Yang di-Pertuan Agong, and subsequently for it to be tabled in the Dewan Rakyat and made public.