Senior federal counsel Suzana Atan said the proceedings will come before Judge Ahmad Kamal Md Shahid.
“The Bar has served all the cause papers on the Attorney-General’s Chambers,” she told FMT in a text message.
Meanwhile, a lawyer, who is a member of the Bar’s legal team, said the Bar will file a reference application tomorrow to have the dispute heard by the Federal Court.
The counsel, who spoke on condition of anonymity, said Article 150 on the proclamation of the emergency as it stood was ultra vires the Federal Constitution as it vested absolute powers in the hands of the executives.
“The original Article 150 as enacted under the ‘Merdeka constitution’ had built-in safeguards that were taken away in subsequent amendments,” he said.
On April 16, Bar president A G Kalidas said it commenced the action as part of its statutory duty to uphold the cause of justice, pursuant to the resolution it adopted at its annual general meeting on March 13.
In the past, Emergency Ordinances have resulted in more powers being conferred on the executive at the cost of constitutional safeguards such as parliamentary scrutiny and accountability.
Among the provisions of the Emergency Ordinance that the Bar wants to be declared unconstitutional are Sections 5, 11(a) and (b), 14, 15 and 18 of Emergency Ordinance No 1, which deals with compensation for assets, executive and legislative power, parliamentary and state legislative sittings, and prevailing law.
The Bar is also seeking declarations that Sections 4 and 24 of Emergency Ordinance No 2 regarding fake news and defence statements, among others, are unconstitutional.
Another declaration sought is that certain provisions of the Federal Constitution, which relate to a proclamation of emergency, are “overbroad and unconstitutional” and inconsistent with the basic structure of the constitution.
In addition, the Bar is seeking a declaration that pursuant to Article 150(3), the prime minister and/or the government of Malaysia are under a constitutional duty to advise the King to summon a meeting of Parliament for the proclamation of emergency.
The ordinances promulgated would then have to be laid before both Houses of Parliament and for all necessary and appropriate resolutions to be passed.
On May 3, Kamal fixed July 22 to hear an application by non-governmental organisations to refer several constitutional questions on the emergency proclamation to the Federal Court.
Similarly, Judge Noorin Badaruddin will hear two separate applications for the Federal Court to determine the legality of the emergency proclamation.
The applications, filed by Dr Mahathir Mohamad loyalist Khairuddin Abu Hassan and lawyer Syed Iskandar Jaafar al-Mahdzar, both seek the guidance of the apex court on whether the emergency proclamation made on Jan 11 was legal and in accordance with the constitution.
Leave applications for judicial review filed by Port Dickson MP Anwar Ibrahim and fellow MPs Hassan Karim (Pasir Gudang), Salahuddin Ayub (Pulai), Johari Abdul (Sungai Petani) and Tebing Tinggi assemblyman Abdul Aziz Bari were all dismissed on the grounds that a provision in the constitution ousted the High Court from hearing the matter.