Opposition Leader Datuk Seri Anwar Ibrahim has filed for leave to initiate a judicial review against Tan Sri Muhyiddin Yassin and the government for advising the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to suspend Parliament during the emergency period.
Anwar filed the application in the High Court here yesterday through Messrs Karpal Singh & Co, naming Muhyiddin and the government as the first and second respondents.
In the application, Anwar sought a court declaration that the decision by the Cabinet, led by Muhyiddin to advise Al-Sultan Abdullah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021 which resulted in the suspension of Parliament, is unconstitutional and unlawful.
The Port Dickson MP also sought the declaration that Section 14 of the Emergency Ordinance was inconsistent with Article 150 (3) and (5) of the Federal Constitution and was unconstitutional and invalid, apart from applying for a mandamus order for both respondents to advise Al-Sultan Abdullah to repeal the section.
On Jan 12, Istana Negara, in a statement, announced that the Yang di-Pertuan Agong consented to the Proclamation of Emergency, to be implemented nationwide until Aug 1, as a proactive measure to curb the Covid-19 pandemic in the country.
Muhyiddin, in a special address in conjunction with the proclamation of the emergency on the same day, explained that the Cabinet had advised His Majesty to issue a proclamation of emergency for the whole country in accordance with Article 150 (1) of the Federal Constitution, effective from Jan 11 to Aug 1, 2021.
Article 150 (1), among others, provides that the Yang di-Pertuan Agong can declare a state of emergency if he is satisfied that a grave emergency is taking place causing security or economic life or public order in the federation to be threatened.
Source: BERNAMA News Agency