The striking-out bid was filed today, citing among others that lawyer Syed Iskandar Jaafar al-Mahdzar’s lawsuit was frivolous, vexatious and an abuse of court process.

In a text message, attorney-general Idrus Harun confirmed to FMT that the striking-out application has been filed.

Solicitor-general Abdul Razak Musa affirmed an affidavit to support the striking-out bid, saying that Syed Iskandar failed to show how his rights were affected due to the King’s refusal to proclaim a state of emergency.

“He also failed to show the court his legal interest in seeking the court to answer constitutional questions,” Razak said, adding that Syed Iskandar’s lawsuit did not have any declaratory reliefs that could be beneficial to others.

Several parties are also seeking to be made interested parties in Syed Iskandar’s lawsuit such as Dr Mahathir Mohamad and Pejuang leaders (Mukhriz Mahathir, Amiruddin Hamzah, Shahruddin Md Salleh, Marzuki Yahya), the Muslim Lawyers Association, Centre For A Better Tomorrow, as well as lawyers Mohd Khairul Azam Abdul Aziz, Malcolm Fernandez and Nazirah Abdul Rahim.

The intervenors’ applications will be heard on Feb 16.

Syed Iskandar posed two legal questions in his legal action filed on Oct 30, that is “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), breached the basic structure of the constitution”.

The lawyer said he believed the legal questions posed were important to uphold the rule of law and protect the Constitution.

Earlier this month, Sultan Abdullah Sultan Ahmad Shah declared a state of emergency until Aug 1, or until an earlier date if the number of daily cases goes down, to curb the spread of Covid-19.

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