KUALA LUMPUR – The High Court dismissed the request of Simpang Jeram Assemblyman and Pulai MP Salahuddin Ayub (Amanah), Gurun Assemblyman and Sungai Petani MP Johari Abdul (PKR) and Tebing Tinggi Assemblyman Abdul Aziz Bari (DAP), who challenged the proclamation of emergency through a judicial review.
The decision was delivered by High Court Judge Datuk Ahmad Kamal Md Shahid who said that the proclamation of Emergency under Article 150(1) and 150(2B) of the Federal Constitution is valid and constitutional and cannot be challenged in any court.
He also did not order any costs, as the application for the leave is frivolous.
“The reliefs requested by the applicants are valid in the law and cannot be challenged,” he said.
The trio seek the judicial review at the High Court on 26 January to challenge Muhyiddin Yassin’s action in advising the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to suspend Parliament and state assembly sittings nationwide during the emergency by naming the Prime Minister and the government as the respondents.
The Agong, on 12 January granted His Majesty’s consent to the Proclamation of Emergency as a proactive approach in curbing the Covid-19 pandemic.
His Majesty also gave his consent for the implementation of the emergency until 1 August 2021, or an earlier date if the figure of the daily Covid-19 cases drop and is contained effectively.
The consent was granted after the Prime Minister presented the decision of the Cabinet Ministers and after taking into consideration of the negotiation between Agong and the Malay rulers.
According to the Comptroller of the Royal Household, Datuk Indera Ahmad Fadil Shamsuddin, the proclamation of emergency took into consideration of the safety of the people and the interest of the country. –MalaysiaGazette