KUALA LUMPUR: A lawyer who is seeking court clarification on whether the Yang di-Pertuan Agong’s decision to refuse an emergency proclamation as advised by the prime minister is unconstitutional, said he is sufficiently equipped to represent all Muslim counsel in the country.
Syed Iskandar Jaafar al-Mahdzar said his originating summons filed on Oct 30 only concerned questions of law and there was no necessity for the Muslim Lawyers Association (PPMM) to be made a party.
“PPMM represents a sectional and religious interest and not the Federation of Malaysia.
“It is the Malaysian Bar which represents all communities, irrespective of race, religion, creed and background,” Syed Iskandar said in his affidavit opposing PPMM and four others who have applied to become interveners.
Syed Iskandar said PPMM’s application was, therefore, made with malicious intent and in bad faith.
The others who have applied to be interveners are Centre For A Better Tomorrow and lawyers Mohd Khairul Azam Abdul Aziz, Malcolm Fernandez and Nazirah Abdul Rahim.
Ridha Abdah Subri, who is PPMM’s secretary, said they want to intervene to uphold the rule of law and supremacy of the Federal Constitution.
Ridha said PPMM had a legal interest as some of its members provided advice to religious councils in several states and that the government, which is named as the defendant, was likely to support Syed Iskandar’s action.
In response, Syed Iskandar said the government, which is represented by the Attorney-General’s Chambers, was perfectly capable of protecting the interest of all institutions in Malaysia.
“The attorney-general under the Federal Constitution is guardian and custodian of public interest,” he said in the affidavit sighted by FMT.
He said the King could not be named as a party to his suit as the monarch was not liable for any proceedings in his official capacity by reason of his sovereign immunity.
Syed Iskandar said the four other proposed interveners did not explain how their legal interest would be directly affected by the outcome of the suit.
High Court judge Mariana Yahya has fixed Feb 16 to hear the intervener applications.
In an affidavit in support of the action, Syed Iskandar said the King, in not accepting the advice of Prime Minister Muhyiddin Yassin or his Cabinet, did not perform his function in accordance with Articles 40 and 150.
On Oct 23, Muhyiddin advised the King to issue an emergency proclamation under Article 150 after the Cabinet agreed on the matter 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.