
Ridha Abdah Subri, who is the association’s secretary, said the intervener application was filed to uphold the rule of law and supremacy of the Federal Constitution.
He said the legal remedy sought by Syed Iskandar Syed Jaafar al-Mahdzar touched on the positions of the King and Parliament as enshrined in the constitution.
Abdah, who filed the application today, said the redress sought by Syed Iskandar also touched on the doctrine of separation of powers between the legislature, executive and judiciary.
“We have a legal interest in this action since some of our members also provide advice to religious councils in several states,” he said.
Abdah said the government, which is named as the defendant, was likely to support the originating summons filed by Syed Iskandar.
He said Attorney-General (AG) Idrus Harun had accompanied Muhyiddin to the royal palace in Pekan on May 23 to get the King to declare a state of emergency.
“The AG is in a position of conflict whether to support or object to the King’s decision,” he said.
He said the association had an expectation to be made a party to ensure the natural justice process thrives and to support the King’s decision.
Last week, Syed Iskandar posed two legal questions:
Whether on a true construction of Articles 40 and 150 of the Federal Constitution, the King has an unfettered discretion not to declare an emergency despite the advice of the prime minister or the Cabinet, and;
Whether an amendment to Article 150, by adding clauses (8) and (9), is violative of the basic structure of the constitution, in regard to Article 4(1).
The lawyer said he too believed the legal questions posed were important to uphold the rule of law and to protect the constitution.
In an affidavit in support of the action, Syed Iskandar said the King, in not accepting the advice of the prime minister or his Cabinet, did not perform his function in accordance with Articles 40 and 150.
“I also humbly state that the King’s decision has raised constitutional questions of public importance,” he added.
On Oct 23, Muhyiddin advised the King to issue an emergency proclamation under Article 150 after the Cabinet agreed on the matter at a special meeting.
Two days later, after a special meeting among the Malay Rulers, the King decreed that an emergency proclamation in the entire, or part of, the country was not necessary.
Meanwhile, lawyer R Kengadharan who is the solicitor for Syed Iskandar, said the High Court had fixed case management for Nov 13.