KUALA LUMPUR – The High Court has granted Toh Puan Na’imah Abdul Khalid permission to refer several constitutional questions to the Federal Court concerning the validity of her asset declaration charge.
Justice K. Muniandy ruled in her favour, overturning the earlier decision of the Sessions Court, FMT reported.
He said that Na’imah’s application was not without merit and involved significant legal issues that required the higher court’s scrutiny.
“The questions represent a genuine and important challenge to the legislation using the latest legal principles established by the court,” Justice Muniandy was quoted as saying.
“This will have a profound impact on the rights of individuals called as witnesses, including the applicant, in Malaysian Anti-Corruption Commission (MACC) investigations, and will further define the limits of state power under our supreme law, the Federal Constitution.”
The legal questions raised by Na’imah focus on Sections 30(5), 36(2), and 62 of the MACC Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Na’imah, the widow of former finance minister Tun Daim Zainuddin, had been charged on January 23, 2024, for failing to comply with a notice issued by the MACC to declare her assets, which included Menara Ilham and other properties in Kuala Lumpur and Penang.
The charge carries a maximum penalty of five years’ imprisonment or a fine of RM100,000 upon conviction.
In February 2024, she filed an application to refer eight legal questions related to the matter to the High Court.
However, Sessions Court judge Azura Alwi dismissed the application, claiming that it lacked merit and did not raise constitutional issues, prompting Na’imah to appeal.
Following the ruling, Na’imah’s legal representative, senior counsel Gurdial Singh Nijar, expressed confidence in the case. Na’imah herself described the High Court’s decision as a significant victory not only for her but also for justice and the rule of law.
“This outcome is bigger than any individual case. It is about protecting fundamental liberties guaranteed under our Federal Constitution, including the right to silence, the right against self-incrimination, and the right to a fair trial. No one is above the constitution, and no one is beneath its protection,” she said.
Na’imah added that she would continue to defend her case with full respect for the law. – August 21, 2025