AGC bantah keputusan 2 lelaki cabar keputusan hapus subsidi diesel

On June 10, 2024, the Malaysian Bar Council (AGC) contested requests from two individuals seeking judicial review to challenge the government's decision to cancel and target diesel subsidies on the mainland. The Attorney-General's Chambers (AGC) argued that the decision to halt the subsidies could not be challenged through a judicial review as the decision was not subject to any statutory provisions.

The Deputy Attorney-General, Mohammad Sallehuddin Md Ali, stated that the provision of or withdrawal of subsidies is not a right granted under law but rather a form of financial assistance, and the decision is a fundamental one that cannot be determined by a court. Moreover, he added that there was no need for the court to investigate the matter as the national price, method and trend of diesel subsidies across the country had been standardized since July 1, 2023.

On October 7, 2024, the two petitioners, Azhani Marlan @ Abd Halim and Mohd Hatta Sanuri, filed a petition for judicial review naming Prime Minister Anwar Ibrahim, former Finance Minister Rafizi Ramli, the Minister of Domestic Trade and Consumer Affairs, and Kita Aman Armizan Mohd Ali, as well as Transport Minister Loke Siew Fook and the Ministry of Transportation as respondents.

They argued that the government's decision to cancel the diesel subsidies and set the price at RM3.35 per liter, up from RM2.15, was invalid and unlawful, except for Sabah and Sarawak. However, their lawyer, Mohaji Selamat, argued that the court could review the decision as it did not involve national security or certain prerogative powers, which are not usually subject to judicial review.

The AGC contended that the government's power to grant subsidies, including under Article 8 of the Constitution and Section 6(2)(g) of the Supply of Goods and Services Act 1961, was subject to the Constitution, which holds all Malaysians equal before the law. Therefore, the question remained as to why the people of the mainland were not given the same subsidies while Sabah and Sarawak received unlimited subsidies.

Mohaji Selamat argued that the issue was not academic as the government was reducing the diesel subsidies on the mainland incrementally. Even if the petition for judicial review was dismissed, the damage or impact caused by the decision from June 10, 2024, to July 1, 2026, would not be lost, he said. After hearing arguments from both sides, Judge Norliza Othman set November 16 as the date for the court's decision on the petition for judicial review.