KUALA LUMPUR – Opposition leader Datuk Seri Anwar Ibrahim has failed to obtain a judicial review to challenge Prime Minister Tan Sri Muhyiddin Yassin’s move to advise the Yang di-Pertuan Agong to suspend Parliament during the emergency.
High court judge Datuk Seri Mariana Yahya today allowed the Attorney-General’s Chambers (AGC) to object to the judicial review.
Federal counsel Mohammad Sallehuddin Md Ali said the judge dismissed Anwar’s application on the grounds that the court has no jurisdiction to hear a judicial review on Articles 150(6) and 150(8) of the constitution.
“The advice by the cabinet and Muhyiddin to the Agong to promulgate the emergency ordinance is not subject to a judicial review,” he told reporters after the decision was delivered via Zoom.
The proceedings were attended by senior federal counsel S. Narkunavathy, and Anwar’s lawyers Ramkarpal Singh and Sangeet Kaur Deo.
Sangeet confirmed the matter.
On March 4, the AGC objected to the leave for a judicial review sought by Anwar. Senior federal counsel Ahmad Hanir Hambaly said the objection was made on the grounds that Anwar’s judicial review application was disallowed by Articles 150(6) and 150(8) of the constitution.
The Port Dickson MP on January 25 filed an application to initiate a judicial review, naming the prime minister and government as respondents.
He sought a court declaration that the decision by the cabinet, led by Muhyiddin, to advise Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021 – which resulted in the suspension of Parliament – is unconstitutional, unlawful, ultra vires, and has no effect.
Anwar also sought a declaration that Section 14 of the emergency ordinance is inconsistent with Articles 150(3) and 150(5) of the constitution, and is therefore, unconstitutional and invalid, apart from applying for a mandamus order for both respondents to advise the king to repeal the said section.
He also filed an application to refer four legal questions to the Federal Court pertaining to the issue of the emergency. – The Vibes, April 22, 2021
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