His lawyer R Kengadharan said a notice of appeal was filed in the registry of the High Court here yesterday.

“We have also written to the High Court to provide the full judgment to enable us to file the memorandum of appeal as soon as possible,” he told FMT.

On Feb 15, Justice Wan Ahmad Farid Wan Salleh said Article 150(8) of the Federal Constitution was an intrinsic part of the basic structure of the Federal Constitution.

“Under this provision, the court has no jurisdiction to hear the application,” he said in dismissing Syed Iskandar’s suit.

The lawyer had asked the High Court to determine whether the king’s refusal to accept the prime minister’s advice to declare an emergency in October 2020 could be challenged in court.

He named the government and then-prime minister Muhyiddin Yassin as defendants.

Wan Farid said Article 40(1) of the constitution required the king to act on the advice of the Cabinet.

He also said the courts had always considered security matters to be of a “peculiar texture”.

“The Cabinet, being the executive arm of the government, possesses intelligence information on security matters that the courts do not have (access to),” he said.

Therefore, he said, the Cabinet was in the best position to advise the king on such matters.

However, Wan Farid said the exercise by the king of his power to proclaim an emergency under Article 150 of the constitution was not justiciable.

He said although the ouster of the court’s jurisdiction might appear harsh and unjust, the real remedy lay in the legislature.

He said Article 150(8) of the constitution did not violate the basic structure of the constitution and could not be struck down under Article 4(1).