Anwar’s appeal against suspension of legislatures fixed for April 14

Anwar’s appeal against suspension of legislatures fixed for April 14

The prime minister and four others want the Federal Court to declare as unconstitutional Muhyiddin Yassin’s advice to the King to proclaim Emergency.

On the advice of Muhyiddin Yassin’s Cabinet, the King declared an Emergency in 2021 and suspended state and federal legislatures. (Bernama pic)
PETALING JAYA:
The Federal Court will on April 14 hear three appeals by five elected representatives, including Anwar Ibrahim, to challenge former prime minister Muhyiddin Yassin’s advice to the Yang di-Pertuan Agong to suspend state and federal legislatures during the emergency period in 2021.

Senior federal counsel Liew Horng Bin said the date was fixed after case management before deputy court registrar Suhaila Haron today.

“The appeal proceedings will be conducted online,” he told FMT.

Lawyer Simranjit Kaur appeared for Anwar, while counsel Hiqmar Danial Hidzir represented Pulai MP Salahuddin Ayub, former Sungai Petani MP Johari Abdul, Tebing Tinggi assemblyman Abdul Aziz Bari and Pasir Gudang MP Hassan Abdul Karim.

Anwar is the sitting prime minister, Johari, the current Dewan Rakyat Speaker, while Salahuddin is the present unity government’s domestic trade and cost of living minister.

Then the Port Dickson MP and opposition leader, Anwar filed his application for judicial review on Jan 26, 2021, naming Muhyiddin and the government as respondents.

They failed to obtain leave for judicial review two years ago after the High Courts of Kuala Lumpur and Johor Bahru held that any challenge made against the King’s emergency proclamation and the ordinances enacted under it was not amenable to judicial review.

On Nov 24, 2021, the Court of Appeal dismissed their appeals.

On May 25 last year, the five, who were all in the opposition, received the green light from the Federal Court to proceed with their appeals after leave was granted.

Anwar is seeking a court declaration that the decision by Muhyiddin’s Cabinet to advise Sultan Abdullah Sultan Ahmad Shah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which resulted in the suspension of Parliament, was unconstitutional, unlawful, has no effect and is ultra vires the Federal Constitution.

Anwar listed eight questions of law in his bid to secure leave for the merit of his complaint to be heard, that is the Emergency was unnecessary and the Cabinet gave the wrong advice to the King.

The others, who also challenged the constitutionality of the emergency proclamation and suspension of Parliament and state legislative assemblies, have submitted two common legal questions.

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