Court to hear on Sept 1 if King’s emergency decree can be challenged

Court to hear on Sept 1 if King’s emergency decree can be challenged

On the same day, the High Court will also hear the government's application to strike out the action brought by lawyer Syed Iskandar Syed Jaafar al-Mahdzar.

Those who had been allowed to become interveners in the case at the High Court had been given until July 28 to file their written submissions.
PETALING JAYA:
The High Court will hear on Sept 1 whether an emergency proclamation can be challenged on any grounds, as an ouster clause in the Federal Constitution prevents the judiciary from hearing a complaint related to an Emergency.

Lawyer R Kengadharan said on the same day, judge Wan Ahmad Farid Wan Salleh would also hear an application by the government to strike out the suit filed in November 2020 by his client, lawyer Syed Iskandar Syed Jaafar al-Mahdzar.

Kengadharan said 10 others, who had been allowed to become interveners, had also been given until July 28 to file their written submissions.

“Should there be a need to reply to the submissions, parties must do so by Aug 11,” he told FMT on Wan Ahmad’s instructions during a case management.

On Oct 23, 2020, then prime minister Muhyiddin Yassin advised the Yang di-Pertuan Agong to issue an emergency proclamation under Article 150 after the Cabinet agreed to it at a special meeting.

Two days later, after a special meeting among the Malay Rulers, the King decreed that an emergency proclamation in the entire, or part of the country, was not necessary.

This prompted Syed Iskandar to file an originating summons in the High Court here.

The government early last year filed an application to strike out the suit, stating it was “scandalous, frivolous and vexatious” and an abuse of the court process.

Subsequently, former prime minister Dr Mahathir Mohamad was among eight individuals and two rights groups who were allowed to become interveners as they had legitimate interest in the case.

The rest linked to Mahathir are his son Mukhriz (Jerlun MP), Amiruddin Hamzah (Kubang Pasu MP), Shahruddin Md Salleh (Sri Gading MP) and then senator Marzuki Yahya.

Others are Centre for A Better Tomorrow, the Association of Muslim Lawyers, and lawyers Khairul Azam Abdul Aziz, Malcolm Fernandez and Nazirah Abdul Ghani.

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