Malaysia

Court of Appeal: Emergency proclamations beyond judicial review

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.

Updated 2 months ago · Published on 04 May 2026 3:14PM

Court of Appeal: Emergency proclamations beyond judicial review
"The court cannot exercise its judicial power on national security," said the court. - May 4, 2026

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

Related News

Malaysia / 5d

Documents for review of Penang lease payments ready, says Kedah MB

Malaysia / 3w

Syed Saddiq walks free: Federal Court upholds acquittal

Malaysia / 2mth

Court: Liquid nicotine removal from poisons list was 'irrational'

Malaysia / 2mth

Concession granted to Bestinet raises serious questions on financial transparency, accountability – Charles Santiago

Malaysia / 3mth

Court of Appeal grants stay on order over Sabah's 40 per cent revenue entitlement

Malaysia / 4mth

Apex court grants PETRONAS leave to challenge Sarawak state laws

Spotlight

Malaysia

DAP NS throws support behind Loke, urges him to stay as chief

Malaysia

Tuanku Muhriz urges MB, assemblymen to uphold loyalty to royal institution

Opinion

Negeri Sembilan election: Just a return to historical trends

Malaysia

Ismail Lasim sworn in as Negeri Sembilan's 12th Menteri Besar

Opinion

Negeri Sembilan has spoken. Now, there must be humility to listen

By Vinod Sekhar

Malaysia

Viral Port Klang road rage video prompts police probe into street altercation

Malaysia

Selangor to overhaul stray animal enforcement procedures after dog's death sparks investigation

You may be interested

Malaysia

Amanah leaders call for total rejection of identity politics

By Ian McIntyre

Malaysia

Four, including five-year-old boy killed after tree crashes on 4WD

Malaysia

‘We will learn from past mistakes and return stronger’ – Steven Sim

By Ian McIntyre

Malaysia

Politics of race and religion are unsustainable, says Amanah VP

By Ian McIntyre

Malaysia

Melaka BN opens door to 'BN Plus' talks after Negeri Sembilan poll success

Malaysia

Should we be concerned about the alleged OpenAI leak?

Malaysia

Duo arrested after brandishing parang at motorist who flashed high beam at them (video)

Malaysia

Jealousy-driven assault case sees lorry driver barred from contacting wife