KUALA LUMPUR: The High Court has set Feb 17 to hear the submission on whether the leave application for judicial review filed by Datuk Seri Anwar Ibrahim regarding the suspension of the Parliamentary session during the emergency period should be heard first before the question is referred to the Federal Court.
Anwar filed the application last Jan 25 to initiate a judicial review against Prime Minister Tan Sri Muhyiddin Yassin and the government for advising the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to suspend Parliament during the emergency period.
Senior Federal Counsel Ahmad Hanir Hambaly said Judge Datuk Seri Mariana Yahya had ordered parties in the case to submit on the matter in the proceedings to be held through the Zoom application at 2.30pm.
He said this when contacted by Bernama after the case management before Judge Mariana through the Zoom application yesterday.
Also present were Senior Federal Counsel S. Narkunavathy from the Attorney General’s Chambers and lawyers Ramkarpal Singh and Sangeet Kaur Deo, representing Anwar.
Meanwhile, Sangeet said the court also requested parties to submit on the question whether Anwar’s application to refer questions to the Federal Court ought to be heard first before the application for leave.
In the application, Anwar named Muhyiddin and the government as the first and second respondent, respectively.
He is seeking a court declaration that the decision by the Cabinet, led by Muhyiddin to advise Al-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 also sought a declaration that Section 14 of the Emergency Ordinance is inconsistent with Article 150 (3) and (5) of the Federal Constitution and therefore, is unconstitutional and invalid, apart from applying for a mandamus order for both respondents to advise Al-Sultan Abdullah to repeal the section.
Anwar Ibrahim has also 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, includes 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 subjected 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 on whether Section 39(2) of the Malaysia Act, 1963, Section 15(d) of the Constitutional (Amendment) Act, 1981, Article 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. — Bernama