GEORGE TOWN: Opposition chief Datuk Seri Anwar Ibrahim has filed questions of legislation in his bid to challenge Tan Sri Muhyiddin Yassin’s motion in advising the Yang di-Pertuan Agong to suspend Parliament during the Emergency interval.
His lawyer Ramkarpal Singh stated the questions had been filed final week and the Federal Court has mounted Jan 26 for case administration.
“The questions had been filed by Datuk Seri Anwar Ibrahim in an effort to acquire go away from the apex court docket and to allow the grievance to be heard,” Ramkarpal stated when contacted.
Ramkarpal stated four other MPs who had been represented by other attorneys have additionally filed their go away of utility final week.
On Nov 24, Anwar and the four MPs failed of their bid to challenge Tan Sri Muhyiddin Yassin’s motion in advising the Yang di-Pertuan Agong to suspend Parliament during the Emergency interval.
This was after a three-member Court of Appeal panel chaired by Judge Datuk Has Zanah Mehat dismissed the appeals by Anwar, Pulai MP Datuk Seri Salahuddin Ayub, Sungai Petani MP Datuk Johari Abdul, Tebing Tinggi assemblyman Abdul Aziz Bari and Pasir Gudang MP Hassan Abdul Karim, for go away to provoke a judicial evaluate utility towards the previous prime minister and the federal government.
In a unanimous resolution, Justice Has Zanah stated that the court docket didn’t have jurisdiction to entertain the judicial evaluate purposes even when go away was granted to the appellants.
“It might be exercised in futility because the court docket is barred by Article 150 (8) of the Federal Constitution from questioning the train of discretion by the Yang di-Pertuan Agong on the proclamation of Emergency,” she stated.
Justice Has Zanah stated the facility of the court docket is determined by what the Constitution supplies, not what some politicians suppose what judicial energy is.
She stated pursuant to Articles 150 (6) and (8) of the Federal Constitution, Parliament supposed to exclude judicial evaluate on the choice to proclaim Emergency, in addition to shutting the doorways of the court docket to any challenge of the legislation made during the Emergency and proclamation of Emergency by the Yang di-Pertuan Agong.
“The court docket finds no error in legislation by the three realized High Court judges in dismissing the go away for judicial evaluate. We, subsequently, dismiss the appeals with no order as to prices,” stated Justice Has Zanah, who sat with Justices Datuk Vazeer Alam Mydin Meera and Datuk Ahmad Zaidi Ibrahim, within the proceedings carried out nearly.
On April 22 this yr, the Kuala Lumpur High Court dismissed Anwar’s utility to acquire go away to begin a judicial evaluate to challenge Muhyiddin’s recommendation to Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to suspend Parliament during the state of Emergency.
The then High Court decide Datuk Seri Mariana Yahya (now Court of Appeal decide) had dismissed Anwar’s utility on grounds that the court docket had no jurisdiction to hear the judicial evaluate primarily based on Articles 150 (6) and 150 (8) of the Federal Constitution.
Justice Mariana dominated that the recommendation of the Cabinet and Muhyiddin to Sultan Abdullah to promulgate the Emergency Ordinance was not amenable to judicial evaluate.
Anwar, who’s Port Dickson MP, filed the appliance searching for go away to provoke a judicial evaluate on Jan 25 this yr, naming Muhyiddin and the federal government as respondents in his utility.
Anwar sought, amongst others, a court docket declaration that the choice by the Cabinet, led by Muhyiddin, to advise Sultan Abdullah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which had resulted within the suspension of Parliament, is unconstitutional, illegal, has no impact and is extremely vires.
On March 11 this yr, the Kuala Lumpur High Court dismissed the purposes for go away for judicial evaluate introduced by Salahuddin, Johari and Abdul Aziz on an analogous problem whereas Hassan’s go away bid was dismissed by the Johor Baru High Court on April 26, this yr.
They had additionally named Muhyiddin and the federal government as respondents of their purposes.
