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CRIME & COURTS

Anwar fails to obtain leave to challenge Emergency Ordinance

22/04/2021 08:07 PM

KUALA LUMPUR, April 22 -- Datuk Seri Anwar Ibrahim today failed in his bid to obtain leave to challenge Prime Minister Tan Sri Muhyiddin Yassin's action in advising Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah to suspend Parliament during the emergency period.

This followed a decision by Court of Appeal Judge Datuk Seri Mariana Yahya, who was sitting as a High Court Judge, in allowing the objection by the Attorney-General's Chambers (AGC) to the leave application for judicial review filed by the opposition leader.

Federal counsel Mohammad Sallehuddin Md Ali said Judge Mariana dismissed the application on the grounds that the court had no jurisdiction to hear the judicial review based on Articles 150(6) and 150(8) of the Federal Constitution.

“The advice of the Cabinet and Muhyiddin to Al-Sultan Abdullah to promulgate the Emergency Ordinance is not amenable to judicial review.

"The court dismissed the application for leave with no order as to costs," he said when contacted by reporters after proceedings of the case via the Zoom application.

Sangeet Kaur Deo, one of Anwar’s lawyers in the lawsuit, confirmed the matter when contacted.

On March 4, the AGC objected to the application on the grounds that it was disallowed by Article 150(6) and Article 150(8) of the Federal Constitution.

On Jan 25, Anwar, who is also Port Dickson MP, filed the application to initiate a judicial review by naming the prime minister and the government as respondents.

He sought 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 had resulted in the suspension of Parliament, is unconstitutional, unlawful, has no effect and is ultra vires.

Anwar 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 said section.

-- BERNAMA

 

 

 

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