Anwar gets more time to file grounds in Emergency proclamation appeal

Anwar gets more time to file grounds in Emergency proclamation appeal

Lawyer says judgement from the High Court was only released last week.

Anwar Ibrahim is seeking a declaration that the Cabinet’s decision to advise the King to proclaim the Emergency is unconstitutional and has no effect.
PUTRAJAYA:
Anwar Ibrahim has been given more time to file his grounds of appeal in his challenge of the government’s advice to the King to proclaim an Emergency.

His lawyer, Sangeet Kaur Deo, said Court of Appeal deputy registrar Mohd Khair Haron gave an extension of time as the judgement from the High Court was only released last week.

“We have now been given up to Aug 9 to file a supplementary memorandum of appeal before an appeal hearing date is fixed,” she told FMT after a virtual case management before Khair.

Further case management has been fixed for Aug 11.

On April 26, High Court judge Mariana Yahya threw out the Port Dickson MP’s leave application to commence a judicial review of prime minister Muhyiddin Yassin’s advice to Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, to declare an Emergency.

After lodging a notice of appeal a day after the verdict, Anwar proceeded to file his general grounds of appeal but without having obtained Mariana’s written grounds.

Mariana said the ouster clauses in Articles 150(6) and (8) of the Federal Constitution were valid and excluded judicial review of matters relating to the proclamation of an Emergency and resulting ordinances by the King.

This included the advice to the King by the prime minister and his Cabinet to promulgate such ordinances.

In dismissing the application, Mariana said the advice of the prime minister did not amount to a decision which was amenable to judicial review.

In the application filed on Jan 25, Anwar sought a court 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 also sought a declaration that Section 14 was inconsistent with Articles 150(3) and (5) of the Constitution and, therefore, was unconstitutional and invalid.

He had also applied for a mandamus order for Muhyiddin and the government to advise the King to repeal the said section.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.