OPPOSITION leader Anwar Ibrahim has not done anything wrong in asking MPs to appeal to the Yang di-Pertuan Agong to withdraw the emergency, said some senior lawyers. 

But they were divided on whether this is the right move.

They also told The Malaysian Insight the emergency was valid and legitimate, although it didn’t go through a parliamentary process first.

Anwar had written a memo to all lawmakers, urging them to write an appeal letter to the king, on grounds the emergency is being used as a political tool by Prime Minister Muhyiddin Yassin. 

Lawyer Haniff Katri Abdulla said Anwar, who is PKR president, should question Muhyiddin’s legitimacy as the prime minister, instead of asking the Agong to withdraw the emergency. 

“There is nothing to stop any MP from giving suggestions to the king. Anwar can do it but the issue is not about the health emergency declared by the king. It is about questioning Muhyiddin’s legitimacy as the prime minister.

“When Muhyiddin advised the king about the emergency on January 11 at about 5.30pm, he had already lost majority support from MPs. Therefore, was his advice to the king legitimate? 

“Anwar should have questioned the legitimacy instead of asking to withdraw the proclamation,” he said. 

On Tuesday, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah declared a state of emergency for the country until August 1 to curb the increasing number of Covid-19 infections. 

Comptroller of the royal household Ahmad Fadil Shamsuddin said in a statement the Agong assented to the state of emergency as the healthcare system was already at a breaking point, with the four-digit spike in cases. 

The emergency declaration will ultimately mean the suspension of Parliament until August, and ends the possibility of snap elections.

Former academic Prof Aziz Bari and lawyer Syahredzan Johan also agreed the order is legitimate. 

“The federal constitution says once Parliament sits, the emergency proclamation must be laid before the house. It does not say it must be laid before Parliament for it to be effective,” both law experts said.

Aziz also said there was nothing wrong with Anwar’s move to urge MPs to send an appeal to the king to withdraw the declaration of emergency. 

Former Bar Council president, Kutubul Zaman Bukhari echoed Aziz’s view by saying the move by Anwar was not against the law. 

“The proclamation is until August 1 or until an earlier date when the daily Covid-19 positive cases can be controlled and lowered effectively. 

“Anwar can ask the king to withdraw the emergency as there is a provision for that,” he added. – January 17, 2021.