KUALA LUMPUR, Jan 9 — The High Court has fixed April 29 for a decision on two lawmakers' judicial review application to challenge former prime minister Tan Sri Muhyiddin Yassin's advice to the Yang di-Pertuan Agong to suspend Parliament during the Covid-19 emergency period in 2021.
Judge Datuk Aliza Sulaiman also fixed the same date to decide on two originating summons filed by the Malaysian Bar and Bersih 2.0 with seven others, which also challenge the emergency proclamation.
On July 24, 2024, the Federal Court granted leave to Pasir Gudang MP Hassan Karim and Perak state assemblyman Abdul Aziz Bari to commence a judicial review application and remitted the case to the High Court for a hearing on its merits.
Earlier, counsel Datuk Gurdial Singh Nijar, who represents the two lawmakers, submitted that the issue raised by his clients is of public importance and this court has jurisdiction to decide the matter.
He further submitted that Sections 11, 14, and 15 of the Emergency Ordinance are unnecessary, irrational, unreasonable, and disproportionate.
The incapacitation of the Parliament and the State Legislative Assemblies by Sections 14 and 15 is unreasonable for the purposes of combating the Covid-19 situation or pandemic.
“There was no basis whatsoever for the Parliament and the State Legislative Assemblies to be suspended, as other economic sectors, including night markets, were allowed to operate,” Gurdial said.
He also submitted that the government had breached mandatory provisions under Articles 150(3) and 150(5) of the Federal Constitution, which require emergency ordinances to be debated by Parliament.
“The requirement is mandatory that it shall be laid before the houses of Parliament, and it is for the Parliament to decide,” Gurdial said.
Meanwhile, senior Federal counsel Shamsul Bolhassan, representing the prime minister and the government at the material time, submitted that the judicial review application is academic, as the Emergency Ordinance expired in August 2021.
“Parliament has already debated and revoked the Emergency Ordinance on Oct 25, 2021. Therefore, the application before this court does not serve any utility,” he said.
Shamsul also submitted that the mandatory court orders sought against the prime minister were also no longer possible, as he had resigned on August 16, 2021.
“In short, it is submitted that the relevance of the remedies and reliefs sought by the applicants had been taken over by events,” he said.
They sought a court declaration that the decision by the Cabinet, led by Muhyiddin, to advise the then 16th Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which had resulted in the suspension of Parliament, is unconstitutional, unlawful, has no effect, and is ultra vires.
