KUALA LUMPUR: The High Court here will proceed to hear the merit of a complaint by a former army sergeant who was sacked for refusing to be vaccinated against Covid-19.
This follows the attorney-general’s decision not to oppose Wan Ramli Wan Seman’s application for leave for a judicial review.
Lawyer Yasmeen Soh Sha-Nisse told judge Ahmad Kamal Md Shahid during an online proceeding today the parties will proceed to argue on the substantive matter since there is no opposition to the leave application.
Federal counsel Liyana Muhammad Fuad confirmed the matter in court.
Soh said Kamal has fixed case management on Nov 11.
“We will proceed to file the legal papers for the substantive hearing and serve them on the defendants,” she told news portal FMT.
Wan Ramli, 39, named Lt-Kol Sharull Hesham Md Yasin, Lt Mohamad Azammunir Mohd Ashri, armed forces chief Gen Zamrose Mohd Zain, the armed forces and the government as defendants.
The former soldier with the Royal Malay Regiment’s 24th battalion based at Rasah Camp, Negeri Sembilan, who filed the application last month, wants a court declaration that his early termination on Aug 4 is null and void and has no effect.
He was only scheduled to be discharged on Jan 20, 2023.
His service was terminated in August over four alleged offences under the Armed Forces Act 1972.
He will also lose his pension, for which he would have qualified in 15 months’ time.
Wan Ramli said his rights as a citizen and member of the armed forces under Articles 5 (1) and 8 (1) of the Federal Constitution had been violated.
Because of the dishonourable discharge from service, he said, he had lost his right to pension under Article 147, which was a proprietary right protected by Article 13 (1).-FMT