KUALA LUMPUR – Prime Minister Tan Sri Muhyiddin Yassin and the Government of Malaysia have filed an application to strike out the suit by former Jasin parliamentary coordinator Datuk Seri Khairuddin Abu Hassan against them for their action of advising the Yang di-Pertuan Agong in declaring the Covid-19 emergency.
Muhyiddin and the government – who were named as the first and second defendants in the suit – filed the application through a federal counsel today on the grounds that the suit was frivolous, trivial, troublesome, and an abuse of the court process.
Solicitor-general Datuk Abdul Razak Musa in a supporting affidavit filed with the application said there was no evidence in Khairuddin’s application as the plaintiff or in his supporting affidavit that supported his claim that Muhyiddin had lost the confidence of the majority members of the Dewan Rakyat.
He said the plaintiff had also failed to identify the public and private rights or legal interests that had been denied or personal losses suffered following the first defendant’s advice to the king, and the issue or the controversy between the plaintiff and the defendants that requires a decision by the court.
“I truly believe that the plaintiff’s suit is futile and a waste of the court’s time because it contains only questions without any authentic goal or benefit to any quarters,” Razak said in the supporting affidavit. “The plaintiff’s suit has no legal merit.”
Khairuddin filed the suit on January 18, asking the court to decide on four legal and constitutional issues over the emergency proclamation.
On January 12, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah proclaimed a Covid-19 Emergency, to be enforced up to August 1, as a proactive measure to contain the worsening pandemic in Malaysia.
Muhyiddin on the same day explained that the Cabinet had advised the king to proclaim the emergency under Clause (1) of Article 150 of the federal constitution effective January 11 until August 1, 2021.
Clause (1) of Article 150 states that if the king is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, He may issue a Proclamation of Emergency, making therein a declaration to that effect.
The Covid-19 pandemic in Malaysia has posed a major threat to people’s livelihood. – Bernama, February 17, 2021
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