Lawyer Yasmeen Soh Sha-Nisse, a member of Wan Ramli Wan Seman’s legal team, said the matter would be heard before High Court judge Ahmad Kamal Md Shahid in the presence of all parties.
“The hearing date was fixed during case management today before deputy registrar Siti Nur Hafizah Mohd Sokran,” she told FMT.
Federal counsel Liyana Muhammad Fuad represented the government.
Soh said the parties were directed to file their written submissions by April 18.
Wan Ramli, who filed the application in September, wants a court declaration that his early termination in August is null and void and of no effect.
The applicant, who was with the Royal Malay Regiment’s 24th battalion based at the Rasah Camp in Negeri Sembilan, was only scheduled to be discharged on Jan 20, 2023.
His service was terminated over four alleged offences under the Armed Forces Act 1972.
He will also lose his pension, for which he would have qualified in 16 months from last August.
Wan Ramli said that as a citizen and member of the armed forces, his rights 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).
Deputy army chief Mohammad Ab Rahman had said in an affidavit in response to the judicial review application that Wan Ramli’s failure to adhere to standing orders and to follow instructions from his superiors to get the vaccine was considered an offence under the Armed Forces Act.
“As a subordinate, Wan Ramli had to follow the valid instructions of his superiors,” he said.
Mohammad said the army decided that all soldiers must be vaccinated or else disciplinary action would be taken against them.
He also said vaccination was made compulsory because soldiers nationwide lived in clusters in family quarters and performed duties such as drills and physical training in groups.
Wan Ramli’s right to pension, he said, was not absolute as a soldier needed to serve a minimum of 21 years and that he had only served 19 years as of Aug 26 last year.
Wan Ramli 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 the respondents.
Mohammad filed the affidavit on behalf of the respondents.
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