Bar fails to prove legal interest in BM constitution suit, court rules

2026-03-03 - 11:33

The plaintiff, Haniff Khatri Abdulla, filed a suit at the Kuala Lumpur High Court seeking a declaration that the Bahasa Malaysia version of the Federal Constitution is the authoritative text. KUALA LUMPUR: The Malaysian Bar has failed in its application to be made a defendant in a suit brought by a lawyer against the government, seeking a declaration that the Bahasa Malaysia version of the Federal Constitution is the authoritative text. Justice Roslan Nor noted that the Bar, in its affidavit, could not demonstrate a legal interest in the case. The plaintiff, Haniff Khatri Abdulla, objected to the Bar being added as a defendant. His lawyer, Aidil Khalid, said the Bar could still participate in the case as amicus curiae (friend of the court) or hold a watching brief. Last year, Haniff filed a writ of summons and statement of claim naming the government as the sole defendant in the lawsuit. He is seeking a court declaration that the Bahasa Malaysia version of the constitution should take precedence over the English version. Haniff said the suit was based on Article 160B of the Federal Constitution, which provides that once the constitution is translated into the national language, the Yang di-Pertuan Agong may prescribe the national language text as the authoritative version. “After that, if there is any conflict or inconsistency between the national language and English text, the national language text shall prevail,” he said. Although the king launched the BM version of the constitution on Sept 29, 2003, Haniff said the government had yet to make it the authoritative version. He claimed this was a breach of the government’s constitutional duty to ensure it took the necessary steps to uphold and dignify the national language. Roslan scheduled a four-day hearing of the matter from May 24, 2027. In today’s proceeding, lawyers Christopher Leong, Abdul Rashid Ismail, and Jacquiline Albert appeared for the Bar, while senior federal counsel Azza Azmi represented the government.