Lawyer Christopher Leong said Pasir Gudang MP Hassan Abdul Karim’s appeal was fixed today before deputy court registrar Mohd Khairy Haron Fariz after a case management.
Senior federal counsel Suzana Atan and S Narkunavathy represented prime minister Muhyiddin Yassin and the government.
Leong said another appeal by MPs Salahuddin Ayub (Pulai) and Johari Abdul (Sungai Petani) and Tebing Tinggi assemblyman Abdul Aziz Bari had been fixed on the same date before another deputy registrar much earlier.
“One Court of Appeal bench will hear both appeals as the issues raised will be similar,” he told FMT.
On April 26, judicial commissioner Evrol Mariette Peters dismissed Hassan’s leave application for judicial review as the court did not have jurisdiction on the matter.
The judge by way of analogy emphasised that the “door to the court was currently locked” and it did not have the key.
“Even with the key, this court still cannot open the door because Article 150(8) of the Federal Constitution ousts judicial scrutiny,” she said.
On March 11, another High Court judge in Kuala Lumpur, Ahmad Kamal Md Shahid, also ruled that any challenge made against the King’s Emergency proclamation and the ordinances enacted was not amenable to judicial review.
Ahmad Kamal said Article 150(8), which states that the King’s decision cannot be challenged in any court on any grounds, was valid and constitutional.
“More importantly, Article 150(8) has shut the court’s doors on any challenge or application made against the proclamation and the ordinances enacted,” he said in dismissing the application by Salahuddin, Johari and Aziz.
On April 22, a High Court in Kuala Lumpur similarly dismissed a bid by Port Dickson MP Anwar Ibrahim to commence judicial review of the advice to the King to declare the Emergency.
In the application, Anwar sought a declaration that the decision by the Cabinet led by Muhyiddin, to advise the King to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which resulted in the suspension of Parliament, was unconstitutional, unlawful, had no effect and was ultra vires.
Anwar has also filed an appeal but it is unclear if a hearing date has been fixed.
A challenge by former Bersatu leader Khairuddin Abu Hassan was also dismissed, while actions filed by a group of non-governmental organisations and the Malaysian Bar will be heard on Thursday (July 29.)