ANWAR Ibrahim wants to refer several questions to the Federal Court in relation to his judicial review in challenging Putrajaya’s decision to seek an emergency proclamation.
The opposition leader’s lawyer, Ramkarpal Singh, said the among the questions Anwar wants referred to the court included if Putrajaya’s advice for the Agong to suspend Parliament was subject to ouster clauses in Article 150 of the constitution.
Ramkarpal said Anwar also wants the apex court to rule if the decision to suspend Parliament was reviewable by the courts, and if the jurisdiction of the courts, including the powers of review in relation to procedure, could be completely inhibited by the legislature.
He is also asking the court whether Section 39(2) of the Malaysia Act, 1963 (Act 26/1963), Section 15(d) of the Constitutional (Amendment) Act, 1981 (Act A514), 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.
“I am of the view the questions raised above ought to be decided by the Federal Court and having regard to the urgency of the matter, particularly since Parliament is now suspended, I have also filed a certificate of urgency for the matter to be heard soonest,” Ramkarpal said in a statement today.
The Emergency Ordinance came into force on January 11, and will remain so until August 1.
Prime Minister Muhyiddin Yassin said he had sought the order to fight the current Covid-19 pandemic and would rescind the order sooner than August 1, if the pandemic could be brought under control.
On January 17, Anwar had said the opposition was planning to challenge the emergency declaration in court.
The opposition leader said he had previously announced his intention to appeal to the king to defend the federal constitution and the rakyat from the government’s abuse of power.
“Our legal team has been instructed to prepare the application to challenge the prime minister and the government of Malaysia on their baseless declaration of a state of emergency,” he said in a Facebook post. – February 8, 2021.
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