Kuala lumpur: The High Court here today dismissed legal actions brought by two lawmakers, the Malaysian Bar, Bersih 2.0 and seven others challenging former prime minister Tan Sri Muhyiddin Yassin's advice to the Yang di-Pertuan Agong to suspend Parliament during the COVID-19 emergency period in 2021.
According to BERNAMA News Agency, the decision was delivered via Zoom by Judge Datuk Aliza Sulaiman, who has since been elevated to the Court of Appeal. The court ruled that it could not grant the declarations sought to invalidate provisions of the Emergency (Essential Powers) Ordinance 2021, including Section 14, which resulted in the suspension of Parliament.
Judge Aliza explained that questions regarding whether the revocation must be submitted to the Yang di-Pertuan Agong (YDPA) and Parliament remain, but the constitutional timeline under Article 150(7) of the Federal Constitution must be applied to relevant instruments of revocation. She stated that the declaratory relief sought by the applicants is at the court's discretion and noted that the respondents (the government) argued these questions are academic, as the emergency ordinances have ceased to operate.
Judge Aliza emphasized that the court should not use the declarations to reopen the effect of parliamentary proceedings or pronounce upon the validity of the advice given to the Yang di-Pertuan Agong. She expressed that Articles 150(3) and 150(7) require legal construction in an appropriate live case, but in this instance, the declarations sought are tied to past events.
The judicial review applications were filed separately by Pasir Gudang Member of Parliament Hassan Abdul Karim and Perak state assemblyman Abdul Aziz Bari. Additionally, two originating summonses were filed by the Malaysian Bar, Bersih 2.0, and seven others, challenging the emergency proclamation. They sought a court declaration that the decision by the Cabinet, led by Muhyiddin, to advise the then 16th Yang di-Pertuan Agong 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, has no effect, and is ultra vires.
Counsel Datuk Dr Gurdial Singh Nijar, Abdullah Abdul Rahman, and Abraham Au represented the two lawmakers and the other applicants, while Federal Counsel Zulkiefli Sulaiman represented the prime minister at the material time and the government.