KUALA LUMPUR: The Attorney-General's Chambers (AGC) said the High Court has no jurisdiction to hear the lawsuit over the cancellation of the Kuala Lumpur-Singapore high-speed rail (HSR) project.
Solicitor General Datuk Ahmad Terrirudin Mohd Salleh said the direction of the HSR project was a public policy decision made by the cabinet on Dec 4, 2020.
He said the decision was made based on studies and negotiations between both countries for its economic interest, implications and cost.
"The defendants have exercised their authority with pure intentions and for the benefit of the country by considering all current circumstances when making the decision to postpone and cancel the implementation of the HSR project.
"The decision to cancel the HSR project was announced through a joint media statement by the then prime minister Tan Sri Muhyiddin Yassin and the Singaporean prime minister on Jan 1, 2021," he said.
Terrirudin said this in his affidavit to support the government's application to strike out Mohd Hatta Sanuri's lawsuit over the cancellation of the project.
Hatta from Tanjung Karang filed the suit at the High Court on Jan 20. He is seeking RM1 million compensation for all Malaysian citizens.
He named former prime ministers Tun Dr Mahathir Mohamad, Muhyiddin, former minister in the prime minister's department (economy) Datuk Seri Mustapa Mohamed, former transport minister Datuk Seri Dr Wee Ka Siong and the government as the defendants.
Terrirudin said the plaintiff had no locus standi to file the suit as he was not directly impacted from the government's decision.
"This suit is a disgrace, frivolous and an abuse of the court process," he added.
Hatta in his statement of claim said Dr Mahathir and Muhyiddin were negligent and had committed the tort of misfeasance in public office when they were the prime ministers.
He claimed Dr Mahathir's decision to postpone the project before Muhyiddin decided to terminate the project had caused the country to pay compensation to Singapore involving millions of ringgit.
Hatta claimed the cancellation of the project had also caused the loss of confidence by foreign investors. He is seeking a court order to declare the cancellation of the project as null and void. Hatta is also seeking RM1 million compensation for all Malaysians over the delay in the project.
Malaysia and Singapore signed a bilateral agreement on the project on Dec 13, 2016, but terminated the project on Jan 1, 2021, after several delays. The 350km HSR would have shortened the travelling time from Kuala Lumpur to Singapore to 90 minutes.