PUTRAJAYA – The Court of Appeal has set September 28 to hear Datuk Seri Anwar Ibrahim’s appeal against the high court’s refusal to grant him leave to challenge former prime minister Tan Sri Muhyiddin Yassin’s action in advising the Yang di-Pertuan Agong to suspend Parliament during the emergency period.
His lawyer Sangeet Kaur Deo, when contacted by Bernama, confirmed the appeal hearing date.
The appeal was fixed for case management today before Court of Appeal deputy registrar Wan Nor Aklima Wan Salleh.
On April 22, the high court dismissed the opposition leader’s application to obtain leave to commence a judicial review to challenge Muhyiddin’s advice to Agong’s sittings during the state of emergency.
Then high court judge Datuk Seri Mariana Yahya (now Court of Appeal judge) had dismissed Anwar’s application on the grounds that the court had no jurisdiction to hear the judicial review based on Articles 150(6) and 150(8) of the federal constitution.
Mariana ruled that the advice of the cabinet and Muhyiddin to Agong to promulgate the emergency ordinance was not amenable to judicial review.
Anwar, who is also Port Dickson MP, filed the application seeking leave to initiate a judicial review on January 25, naming Muhyiddin and the government as respondents in his application.
Anwar sought, among others, a court declaration that the decision by the cabinet, led by Muhyiddin, to advise Agong to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which has resulted in the suspension of Parliament, is unconstitutional, unlawful, has no effect and is ultra vires. – Bernama, September 7, 2021
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