.jpg "Lawyers Christoper Leong (left) and Datuk Gurdial Singh Nijar arrive at the Kuala Lumpur High Court March 11, 2021. — Picture by Yusof Mat Isa")
Subscribe to our Telegram channel for the latest updates on news you need to know.
KUALA LUMPUR, March 11 ― The High Court today dismissed a leave application by three Pakatan Harapan (PH) lawmakers for a judicial review of the suspension of Parliament and state assembly sittings during the nationwide state of Emergency.
High Court judge Ahmad Kamal Md Shahid said in his ruling that there was no breach of Article 150(8) of the Federal Constitution, and therefore there could be no judicial review to challenge the decision of the Yang di-Pertuan Agong under Article 150(1) and Article 150(2B) of the Constitution.
The judge added that the aforementioned provisions effectively prevent any challenge or application made against the Emergency proclamation and any ordinance enacted under the Emergency law.
“Having considered the application, I am of the opinion that the subject matter of this application is not amenable to judicial review.
“It is reiterated that Article 150(8) of the Federal Constitution is valid and constitutional.
“All in all, it is my considered opinion that the applicants have failed to cross the hurdle of the judicial review test.
“As discussed above, the subject matter in this case has been settled by law. It is clear that there is no arguable case for the applicants.
“In light of the above, the application for leave to commence judicial review proceedings is dismissed with no order to cost,” he said.
The application was jointly filed by Parti Amanah Negara deputy president Datuk Seri Salahuddin Ayub who is also Pulai MP, PKR chief whip Datuk Johari Abdul who is also Sungai Petani MP, and Perak Opposition Leader Abdul Aziz Bari who is also Tebing Tinggi assemblyman.
The PH lawmakers were represented in court by Datuk Gurdial Nijar and Christopher Leong.
Also present were the respondents represented by the Attorney General’s Chambers (AGC), including senior federal counsels Suzanna Atan and Narkunavathy Sundareson.
In their suit, the three PH elected representatives wanted the court to hear what they alleged to be unconstitutional provisions in the Emergency (Essential Powers) Ordinance 2021, gazetted back in January that they said allowed for the suspension of Parliament and state assemblies during the Emergency.
MORE TO COME