KUALA LUMPUR – Opposition leader Datuk Seri Anwar Ibrahim and four elected representatives have filed applications for leave to appeal to the Federal Court against the Court of Appeal’s dismissal of their appeal to challenge former prime minister Tan Sri Muhyiddin Yassin’s actions in advising the Yang di-Pertuan Agong to suspend Parliament during the emergency period.
Anwar’s counsel Ramkarpal Singh, when contacted, said his client filed eight questions of law on December 24 to obtain leave from the apex court for the merit of the complaint to be heard.
The Federal Court registry has fixed January 26 for case management.
Meanwhile, lawyer Christopher Leong – acting for Pulai MP Datuk Seri Salahuddin Ayub, Sg Petani MP Datuk Johari Abdul, Tebing Tinggi assemblyman Abdul Aziz Bari and Pasir Gudang MP Hassan Abdul Karim – said his clients have also filed their leave applications on December 23 and each of them has submitted two common legal questions.
On November 24, a three-member Court of Appeal panel chaired by justice Datuk Has Zanah Mehat dismissed their appeals for leave to initiate a judicial review application against the former prime minister and the government.
In a unanimous decision, justice Has Zanah said that the court did not have jurisdiction to entertain the judicial review applications even if leave was granted to the appellants.
“It will be exercised in futility as the court is barred by Article 150 (8) of the federal constitution from questioning the exercise of discretion by the Yang di-Pertuan Agong on the proclamation of emergency,” she said.
Justice Has Zanah said the power of the court depends on what the constitution provides, not what some political thinkers think judicial power is.
She said pursuant to Articles 150 (6) and (8) of the federal constitution, Parliament intended to exclude judicial review on the decision to proclaim an emergency as well as shut the doors of the court to any challenge of the law made during the emergency and proclamation of emergency by Yang di-Pertuan Agong.
On April 22 this year, the Kuala Lumpur high court dismissed Anwar’s application to obtain leave to commence a judicial review to challenge Muhyiddin’s advice to Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to suspend Parliament during the state of emergency.
The then high court judge Datuk Seri Mariana Yahya (now Court of Appeal judge) dismissed Anwar’s application on grounds that the court had no jurisdiction to hear the judicial review based on Articles 150 (6) and 150 (8) of the federal constitution.
Justice Mariana ruled that the advice of the cabinet and Muhyiddin to the Agong to promulgate the emergency ordinance was not amenable to judicial review.
Anwar, who is Port Dickson MP, filed the application seeking leave to initiate a judicial review on January 25 this year, naming Muhyiddin and the government as respondents in his application.
Anwar is seeking, among other things, a court declaration that the decision by the cabinet led by Muhyiddin to advise the Agong to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which resulted in the suspension of Parliament, is unconstitutional, unlawful, has no effect and is ultra vires.
On March 11 this year, the Kuala Lumpur high court dismissed the applications for leave for judicial review brought by Salahuddin, Johari and Aziz on a similar issue while Hassan’s leave bid was dismissed by the Johor Baru high court on April 26 this year.
They had also named Muhyiddin and the government as respondents in their applications. – Bernama, December 28, 2021
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