DR Mahathir Mohamad has filed an application to the Kuala Lumpur High Court for judicial review to have a royal commission of inquiry (RCI) into the sovereignty of Batu Puteh, Middle Rocks, and South Ledge conducted publicly.

In his supporting affidavit, the former prime minister said the RCI’s decision to hold the proceedings in private was unreasonable.

He named RCI chairman Md Raus Sharif and his deputy Zainun Ali as the first and second respondents. The third to eighth respondents are RCI members Baljit Singh Sidhu, Johan Shamsuddin Sabaruddin, Prof Faridah Jalil, Mohammed Ridha Ham Abd Kadir, Hai Dickson Dollah, and RCI secretary Zamri Misman.

Dr Mahathir seeks a declaration that he is a person involved in or related to the matter being investigated by the RCI under Section 18 of the Commissions of Inquiry Act 1950 (Act 119). He is also seeking an order to prevent Raus from acting as the RCI chairman and Dr Baljit and Ridha from being members of the RCI.

Dr Mahathir said Raus’s appointment as RCI chairman posed a “real danger of bias” due to existing animosity between Raus and himself, which could affect Raus’s impartiality.

Dr Mahathir’s lawyer, Muhammad Rafique Rashid Ali, said an urgent motion has also been filed to expedite a hearing by the Special Powers Division of the Kuala Lumpur High Court.

The RCI has subpoenaed Dr Mahathir to attend the proceedings on June 12. – June 6, 2024.