Minister in the Prime Minister's Department Nancy Shukri should advise attorney-general Mohamed Apandi Ali to let the courts decide whether or not his prosecution powers are absolute, a DAP lawmaker said today.

"I challenge Nancy to advise the AG to accept that this is an issue to be tried and for the courts in this country to rule on this issue so that it can be put to rest once an for all," Puchong MP Gobind Singh Deo said.

He was responding to a Nancy's written reply to Parliament on Tuesday that the AG has absolute discretion under the Federal Constitution.

However, Gobind argued, that this isn't the case.

He said the Privy Council's decision in the 1979 case of Teh Cheng Poh against the public prosecutor was enough argument to show that the AG's powers can be challenged.

Case cited in a Singapore court

Teh had been detained under the Internal Security Act for possessing a revolver and ammunition.

His lawyer, the late Karpal Singh, succeeded in challenging Teh's prosecution.

The case was recently been cited in a Singapore court as an example of how the AG can be challenged if fundamental liberties are breached.

Apandi has been under fire after he cleared Prime Minister Najib Abdul Razak of any wrongdoing in the RM2.6 billion donation and RM42 million SRC International cases.

Najib has denied any wrongdoing in the scandals.

The Bar Council has filed for a judicial review of Apandi's decision.