PAS, PKR leaders allowed to intervene in emergency suit

PAS, PKR leaders allowed to intervene in emergency suit

A group of NGOs and activists wants to refer six questions on the emergency proclamation to the Federal Court.

The Kuala Lumpur High Court says five representatives from PAS and PKR can be interveners in a suit filed by NGOs and activists.
KUALA LUMPUR:
The High Court here today allowed leaders from PAS and PKR to be interveners in a lawsuit filed by non-governmental organisations (NGOs) and human rights activists against the proclamation of emergency.

Judge Ahmad Kamal Md Shahid made the ruling after the group’s lawyer, Edmund Bon, told the court they have no objection against the five leaders from the two parties being made interveners.

PAS was represented by Ahmad Fadhli Shaari, Khairil Nizam Khirudin and Mohd Apandi Mohamad, and PKR by Shamsul Iskandar Mohd Akin and Mohd Yusmadi Mohd Yusoff.

The NGOs are seeking a declaration that the Emergency (Essential Powers) Ordinance is unconstitutional and want to refer six questions of law to the Federal Court.

The questions are related to the powers of the court in hearing legal challenges against the emergency ordinance as well as the role of the Dewan Rakyat and Dewan Negara during the period.

Ahmad Amzar Ahmad Azlan represented the PAS leaders, and Surendra Ananth appeared for the PKR duo.

The PAS leaders had argued that they had a constitutional right to intervene as it involved a public interest issue, while Shamsul Iskandar and Yusmadi said the emergency proclamation had prevented them from carrying out their duties as parliamentarians.

The judge told the five to file their affidavits in response to the NGOs’ lawsuit within 14 days.

Earlier, senior federal counsel Mohd Sabri Othman told the court the Attorney-General’s Chambers was objecting against the NGOs’ bid to refer the constitutional questions on the emergency to the Federal Court.

However, he said, the government needs time to respond to the referral bid.

Kamal then fixed May 3 for further case management.

The NGOs – Bersih 2.0, Suara Rakyat Malaysia (Suaram), Center for Independent Journalism, Aliran, Kuala Lumpur and Selangor Chinese Assembly Hall, Pergerakan Tenaga Akademik Malaysia, and Save Rivers – are seeking a declaration that the emergency ordinance is unconstitutional.

The ordinance came into effect from Jan 11 and will last until Aug 1, or earlier if the health situation allows it to be called off.

They claim the government already has enough powers to handle the Covid-19 crisis and does not need to suspend Parliament.

Opposition leader Anwar Ibrahim and former Umno leader Khairuddin Abu Hassan filed similar challenges against the government’s decision to advise the Yang di-Pertuan Agong to proclaim an emergency.

They claimed that Prime Minister Muhyiddin Yassin had lost majority support in the Dewan Rakyat.

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