Tuesday, March 2, 2021

Court to hear submissions on Anwar’s bid for judicial review on suspension of Parliament

Anwar filed the application on Jan 25 to initiate a judicial review against Prime Minister Muhyiddin Yassin and the government.

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The High Court has set Feb 17 to hear submissions on whether the leave application for judicial review filed by Anwar Ibrahim regarding the suspension of Parliament during the emergency period should be heard before the question is referred to the Federal Court.

Anwar filed the application on Jan 25 to initiate a judicial review against Prime Minister Muhyiddin Yassin and the government for advising Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah to suspend Parliament during the emergency period.

Senior federal counsel Ahmad Hanir Hambaly said judge Mariana Yahya had ordered parties in the case to submit on the matter in the proceedings to be held through Zoom at 2.30pm.

He said this when contacted by Bernama after case management through Zoom before Mariana through today.

Also present were senior federal counsel S Narkunavathy from the Attorney-General’s Chambers and lawyers Ramkarpal Singh and Sangeet Kaur Deo, representing Anwar.

Sangeet said the court also requested parties to submit on the question of whether Anwar’s application to refer questions to the Federal Court ought to be heard before the application for leave.

In the application, Anwar named Muhyiddin and the government as the first and second respondents.

He is seeking a court declaration that the decision by the Cabinet, led by Muhyiddin, to advise Sultan Abdullah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021 which resulted in the suspension of Parliament, is unconstitutional and unlawful.

The Port Dickson MP is also seeking a declaration that Section 14 of the Emergency Ordinance is inconsistent with Articles 150 (3) and (5) of the Federal Constitution and is therefore unconstitutional and invalid. He is also applying for a mandamus order for both respondents to advise Sultan Abdullah to repeal the section.

He likewise filed an application to refer several questions to the Federal Court pertaining to his judicial review over the government’s decision in advising the king to declare an emergency proclamation.

The questions posed for the High Court to consider referring to the Federal Court include whether the decision to give advice and/or the advice given by Cabinet led by the prime minister to the king to suspend Parliament is subject to the ouster clauses in Article 150 of the Federal Constitution.

The second question is whether the decision to give the advice and/or the advice given by Cabinet led by the prime minister to the king to suspend Parliament is reviewable by the courts.

Anwar also wants the court to decide whether Section 39(2) of the Malaysia Act 1963, Section 15(d) of the Constitutional (Amendment) Act 1981, and Articles 150 (6) and (8) of the Federal Constitution are inconsistent and/or in contravention to Articles 4, 5, 8 and 121(1) of the Federal Constitution.

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