Post by : Meena
Hassan
The High Court will deliver a ruling on April 29 regarding a judicial review initiated by two lawmakers against the former Prime Minister Tan Sri Muhyiddin Yassin's recommendation to the Yang di-Pertuan Agong for the suspension of Parliament during the COVID-19 emergency in 2021.
Judge Datuk Aliza Sulaiman has also scheduled this date for two originating summons filed by the Malaysian Bar, Bersih 2.0, and other parties that similarly question the emergency proclamation.
Previously, the Federal Court allowed Pasir Gudang MP Hassan Karim and Perak state assemblyman Abdul Aziz Bari to advance with the judicial review, returning the matter to the High Court for detailed examination.
Counsel Datuk Dr Gurdial Singh Nijar, representing the lawmakers, asserts that Sections 11, 14, and 15 of the emergency ordinance were excessive, irrational, and disproportionate. He argues that the suspension of Parliament and State Legislative Assemblies was unjustified, especially when other economic activities like night markets were permitted to continue during the pandemic.
Dr Gurdial further contends the government breached mandatory constitutional clauses under Article 150(3) and Article 150(5), which stipulate that emergency ordinances must be presented and debated in Parliament, emphasizing that Parliament should have the final say on such matters.
In contrast, Senior Federal Counsel Shamsul Bolhassan, representing the former prime minister and the government, argued that the judicial review has become irrelevant as the Emergency Ordinance lapsed in August 2021. He pointed out that Parliament debated and repealed the ordinance on October 25, 2021, rendering the current legal challenge moot.
Shamsul further noted that legal action against the former prime minister is no longer viable since he resigned in August 2021, asserting that the reliefs sought by the applicants have been essentially overtaken by subsequent occurrences.
The applicants are pursuing a court declaration stating that the Cabinet's decision to advise the Yang di-Pertuan Agong to enact Section 14 of the Emergency (Essential Powers) Ordinance 2021, resulting in Parliament’s suspension, was unconstitutional, unlawful, without effect, and beyond the scope of legal authority.
English
