Man fails in bid to reinstate lawsuit over ICJ’s Batu Puteh decision

PUTRAJAYA: The Federal Court here dismissed Mohd Hatta Sanuri’s application for leave to appeal, seeking to reinstate his lawsuit in connection with the government’s withdrawal of a review application on the International Court of Justice’s (ICJ) decision on the sovereignty of Batu Puteh.

A three-judge panel led by Justice Datuk Harmindar Singh Dhaliwal unanimously found on Wednesday (March 20) that his application lacked merit and failed to meet the requirements of Section 96 of the Courts of Judicature Act 1964.

“The legal issues regarding locus standi and justiciable issues brought before the Federal Court have been decided.

“The issues regarding negligence and tort of misfeasance in public office have also been properly adjudicated. Therefore, the applicant’s application (for leave to appeal) is dismissed. There is no order as to costs,” said Justice Harmindar, who presided alongside Justice Datuk Nordin Hassan and Datuk Abdul Karim Abdul Jalil.

On Nov 15, 2023, the Court of Appeal dismissed Mohd Hatta’s appeal after finding that he did not have the locus standi to initiate legal action against the Prime Minister and the government.

Mohd Hatta appealed against the July 1, 2023, decision of the Kuala Lumpur High Court, which allowed the Prime Minister and the government, as defendants, to strike out the lawsuit.

In 2018, the Pakatan Harapan government under the then prime minister Tun Dr Mahathir Mohamad withdrew the review application against the May 23, 2023, decision by the ICJ, which granted legislative authority over Batu Puteh (known as Pedra Branca by Singapore) to Singapore, despite the trial date set for June 11, 2018.

On May 28, 2021, Mohd Hatta filed the lawsuit representing himself and over 32 million Malaysian citizens whom he alleged were affected by the withdrawal of the ICJ review by both defendants without prior discussion or presentation in Parliament.

In his statement of claim, Mohd Hatta sought an order for the defendants to provide a written explanation as to why they withdrew from the ICJ review application on June 1, 2018, when it had been initiated and filed with substantial evidence on Feb 3, 2017.

He also sought a declaration for both defendants to compensate each Malaysian citizen based on the value of land on Batu Puteh and the economic losses suffered by all, amounting to at least RM10mil each.

Furthermore, he sought an order for both defendants to provide a detailed account of all costs incurred in preparation for the ICJ review application by the second defendant (the government) from Feb 3, 2017, until the abrupt withdrawal on June 1, 2018.

In Wednesday’s proceedings, Mohd Hatta was represented by lawyer Mohaji Selamat, while Senior Federal Counsel Shamsul Bolhassan acted on behalf of the Prime Minister and the government. – BK