THE Putrajaya Court of Appeal today ruled that emergency proclamations issued by the Yang di-Pertuan Agong cannot be challenged in court.
Federal Court judge Datuk Collin Lawrence Sequerah said Article 150(8) of the Federal Constitution clearly bars courts from reviewing the King's decision on whether a grave emergency exists.
According to reports in the New Straits Times, Sequerah, who presided as the appellate court judge, said the law states that the King's decision is final and conclusive and cannot be questioned in any court.
"It is for the executive to advise the King whether the circumstances exist for such a declaration to be made.
"The court cannot exercise its judicial power on national security," he said.
Other members of the bench were Datuk Supang Liang and Datuk Dr Alwi Abdul Wahab.
Sequerah said this when delivering the court's unanimous decision in dismissing lawyer Syed Iskandar Syed Jaafar's bid to challenge the refusal by the then Yang di-Pertuan Agong to declare a state of emergency.
Syed Iskandar was seeking leave to challenge the refusal by then Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah to declare a state of emergency in October 2020.
On Feb 15, 2024, Chief Justice Wan Ahmad Farid Wan Salleh, then a High Court judge, ruled that Syed Iskandar's application was not justiciable. – May 4, 2026
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