Sungai Siput Member of Parliament (MP) Dr Michael Jeyakumar Devaraj has filed an application for leave to appeal to the Federal Court against an Appellate Court’s decision concerning the rejection of his application for funds from the Special Constituency Allocation.

On Oct 10, this year, the Appellate Court’s three-man panel led by Low Hop Bing held that Dr Jeyakumar could not challenge the government agencies’ decision in rejecting his application for funds from the Special Constituency Allocation for various projects in his constituency.

According to Bernama , the application for leave to appeal was filed at the Federal Court registry this morning by legal firm Tetuan Sreenevasan.

Seven legal questions were posed for the Federal Court’s determination, said Bernama , including a question on the role of the attorney-general in an application for judicial review.

“The role of the public prosecutor is to protect public interest, not to protect the government from embarrassment," Jeyakumar told Malaysiakini when contacted.

On Oct 10, the Appellate Court allowed the attorney-general’s appeal to set aside the High Court's decision in granting leave to the MP to initiate judicial review to challenge the government agencies’ decision.

The Appellate Court had held that the issues raised by Dr Jeyakumar involved policy considerations and management prerogative where the courts did not possess knowledge on such matters.

Dr Jeyakumar filed the legal action after his application to the Perak Development Office director, for funds to be used as contributions to SMJK Shin Chung, SJK Methodist and Nurul Ihsan Orphanage, as well as funds for small projects to benefit Orang Asli villages, was rejected via a letter by the director on Oct 12, last year.

In the judicial review filed on Oct 29, last year, the Parti Sosialis Malaysia official named the director-general of the Implementation Coordination Unit of the Prime Minister’s Department, Perak Development Office director and the government as respondents.

He sought, among others, a declaration that the Special Constituency Alocation must be provided to all MPs equally, regardless of political affiliation, in accordance with Article 8 (1) of the federal constitution.

Dr Jeyakumar also sought a mandamus order to compel the director-general of the Implementation Coordination Unit of the Prime Minister’s Department, Perak Development Office director and the government to explain their authority in disbursing the funds from the Special Constituency Allocation at their discretion and to specify the procedure for allocation of funding since 2008.