The government said Hatta Sanuri’s lawsuit, which also names former prime ministers Dr Mahathir Mohamad and Muhyiddin Yassin, does not disclose a reasonable cause of action.
In his statement of claim, Hatta had alleged that Mahathir was negligent and had committed misfeasance in public office after he postponed the project when Pakatan Harapan came to power in 2018.
He also claimed that Muhyiddin was negligent and had himself committed the tort of misfeasance in public office by terminating the project on Jan 1, 2021, which resulted in Malaysia having to pay Singapore RM320 million in compensation under a bilateral agreement entered over the project.
Solicitor-General 1 Ahmad Terrirudin Salleh, who affirmed the affidavit supporting the application, said Sanuri had no legal standing to bring the case as he had no direct interest in the project.
“He (Hatta) is not a person aggrieved by the HSR cancellation and has no relationship with the bilateral agreement between Malaysia and Singapore,” he said.
Terrirudin also said Sanuri did not suffer any loss from the cancellation.
“The Cabinet had on Dec 4, 2020, decided to cancel the project based on research conducted, bilateral negotiations, and due to its cost implications.
“The decision involved a matter of public policy and the courts have no jurisdiction to hear the case,” he said.
Also named as defendants in the suit were former economy minister Mustapa Mohamed and former transport minister Wee Ka Siong.
Recently, transport minister Loke Siew Fook said the government is open to reviving the HSR project so long as it is not funded by Putrajaya.
Loke said Prime Minister Anwar Ibrahim instructed him to explore the matter, adding that the transport ministry was open to receiving proposals from the private sector.
In 2016, Malaysia and Singapore had signed a bilateral agreement for the 350km rail project. It was supposed to have been completed in 2026 and would have cut travel time between Kuala Lumpur and the republic to 90 minutes.
The project was, however, axed by the Perikatan Nasional-led government on Jan 1, 2021. Malaysia ended up having to pay Singapore RM320 million in compensation under the terms of the bilateral agreement.
It was reported that Singapore could not accept the then government’s proposal to remove the HSR’s systems supplier and network operator which would have been accountable to both countries.