KUALA LUMPUR, Feb 11 — The High Court here has set March 11 to decide on three lawmakers’ leave application to commence judicial review proceedings over the suspension of Parliament and state assembly sittings during the Emergency.
Judge Ahmad Kamal Md Shahid had decided on the matter after hearing arguments from the applicant’s lawyers, Datuk Gurdial Nijar, Christopher Leong, and Abdullah Rahman.
Also present were the respondents represented by the Attorney General’s Chambers (AGC), including senior federal counsel Suzanna Atan, senior federal counsel Narkunavathy Sundareson, Ahmad Hanir Hambaly @ Arwi, and Mazlifah Ayob.
The application in question was filed by Parti Amanah Negara Deputy President Datuk Seri Salahuddin Ayub, PKR’s Chief Whip Datuk Johari Abdul, and DAP’s Perak Opposition Leader Abdul Aziz Bari.
In the proceedings today, the government had objected to leave being granted on the grounds that Article 150 (6) and (8) of the Federal Constitution had prevented the jurisdiction of the Courts in this matter.
In response to arguments made by the counsels from the AGC, the applicant’s lawyers stated that access to the Courts should not be denied to the applicants.
“The Applicant had, amongst other things, submitted that the threshold for leave to commence judicial review proceedings to be granted is very low at this stage, and that leave/permission to commence judicial review proceedings should not be denied by virtue of any ouster clauses seeking to oust the jurisdiction of the Courts.
“Access to the Courts ought not to be denied to the Applicants as such a matter is of public importance, and that the validity of the ouster clauses are themselves, subject to scrutiny and determination of the Courts at the substantive stage after leave has been granted,’’ said the applicant’s lawyers in a statement today.
In their lawsuit, the Pakatan lawmakers had intended to ask the court to review alleged unconstitutional provisions in an Emergency law made last month.
The law in question is the Emergency (Essential Powers) Ordinance 2021 which allows for the suspension of Parliament and state assemblies during the Emergency.
Although the three lawmakers are from the three political parties that make up Pakatan Harapan, Malay Mail understands that their lawsuit was not filed on behalf of the Opposition coalition, but in their individual capacity as federal and state lawmakers.
The Yang di-Pertuan Agong proclaimed a state of Emergency nationwide from January 11 to August 1, upon the Cabinet’s advice which was presented by Muhyiddin on January 11 to the Ruler.
The Emergency (Essential Powers) Ordinance 2021 — which among other things suspends Parliament and state legislative assemblies for as long as the country is in a state of Emergency — was gazetted on January 14 but took retrospective effect from January 11.
