Selangor Menteri Besar Azmin Ali today failed in his application for a judicial review to compel then inspector-general of police (IGP) Khalid Abu Bakar and the police to arrest Penang-born businessman Low Taek Jho, better known as Jho Low.

This comes after Kuala Lumpur High Court judge Justice Hanipah Farikullah refused to grant leave to Azmin (on left in photo) for merits of the case to be heard in full.

Justice Hanipah ruled that no arguable case was demonstrated to grant leave, and that there was no evidence that Jho Low had committed an offence in Malaysia.

The court also cited case law stating that an ongoing investigation is not amenable to judicial review.

The judge made the decision in her chambers, and no order was made as to costs.

Azmin, who was present to hear the application in chambers, described the proceedings as "unbelievable."

"Here we find representatives of the Attorney-General's Chambers defending Jho Low, who is wanted elsewhere (following a US Department of Justice investigation). Here we find authorities not wanting to do anything against Jho Low," he said.

The Selangor MB plans to file an appeal against today's decision.

Senior federal counsel Alice Loke and Natrah Idris appeared for the IGP and the police, while Gopal Sri Ram, N Surendran and Latheefa Koya appeared for Azmin.

Sri Ram (photo) in his submission claimed that Jho Low had committed several offences, including criminal breach of trust and cheating.

The lawyer also said that the Malaysian Anti-Corruption Commission (MACC) declared that the businessman was wanted in connection with crimes pertaining to 1MDB.

“The respondent (IGP) has the duty under the Police Act 1967 to apprehend Jho Low.

Azmin filed the application last August for a mandamus court order to compel the police to arrest the Penang-born businessman, and produce him before a magistrate to face criminal charges.

In his supporting affidavit, Azmin alleged Jho Low committed several offences including CBT and cheating involving 1MDB.

The Selangor MB said 1MDB was the beneficial owner of US$3.657 billion, of which US$1.367 billion was meant to be transferred to a company called Aabar Dubai.

However, he added that in 2012, Jho Low and his associates transferred the amount to Aabar BVI (British Virgin Islands), which has nothing to do with Aabar Dubai.

He also claimed that at the time of the transfer, Jho Low obtained the consent of Prime Minister Najib Abdul Razak for the disposal of the monies.