KUALA LUMPUR – A lawyer has filed a suit over the Yang di-Pertuan Agong’s decision not to accede to Tan Sri Muhyiddin Yassin’s request for an emergency to be declared, reported Malaysiakini today.
Syed Iskandar Syed Jaafar, through law firm Messrs Kengadharan & Co, filed an originating summons at the Kuala Lumpur High Court this morning, with the government listed as the sole defendant.
According to a copy of the affidavit in support of the legal action, Syed Iskandar said the king, deciding not to act on the prime minister’s advice, exercised his functions in a manner inconsistent with Articles 40 and 150 of the federal constitution.
He wants the court to ascertain whether the Agong “has an unfettered discretion not to declare an emergency” despite receiving advice from the prime minister to do so.
Article 40 concerns the need for the king to act in accordance with the advice of either the cabinet or a minister acting as a representative of the cabinet.
Article 150, meanwhile, is on the Agong’s power to issue a declaration of emergency when the country’s security, economic life or public order is threatened.
Syed Iskandar is also seeking a ruling on the validity of an amendment to Article 150(8), which states that no court has the right to question the validity of a proclamation of emergency.
He believes that the said amendment is unconstitutional, and thus, null and void.
“Such an amendment cuts across the power of judicial review, which is part of the basic structure of the federal constitution.”
The Agong, rejecting Muhyddin’s request to put the country under emergency rule, said he sees no need for such a declaration to be made at this time, and called on all politicians to stop politicking and focus their efforts on combating Covid-19. – The Vibes, October 30, 2020
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