THE Malaysian Bar has filed a suit at the High Court to challenge the emergency ordinances that have been passed since a state of emergency was declared on January 11.

Bar Council president AG Kalidas said the decision to pursue legal action was made at the Malaysian Bar Annual General Meeting (AGM) on March 13.

“The emergency ordinances have resulted in more powers being conferred on the executive, while constitutional safeguards such as parliamentary scrutiny and accountability, have been reduced,” he said in a statement today.

Among the ordinances that have been passed are the Emergency (Essential Powers) Ordinance No 1, which allows for federal and state legislative assemblies to be suspended, Ordinance 2, which makes the publication and dissemination of fake news an offence, and Ordinance 1 (Amendment), which allows the government to by-pass parliament when it comes to expenditure of public funds.

Kalidas said the bar initiated the suit so the “rakyat is not deprived of the fundamental protections and procedural safeguards enshrined in our Federal Constitution”.

In its suit, the bar is seeking a declaration that the literal interpretation of the ordinances are “overboard and unconstitutional and inconsistent with the constitution”.

A declaration pursuant to Article 150(3) of the constitution for parliament to convene in order to “pass all necessary and appropriate resolutions”.

The bar is also seeking a declaration that sections 5, 11(a) and (b), 14, 15 and 18 of Ordinance No 1, sections 4 and 24 of Ordinance No 2, and section 2 of Ordinance No 1 (Amendment), and sections 10a and 10b of Ordinance No 1 (as inserted by Ordinance No 1 (Amendment)) are “unconstitutional, therefore invalid, null and void in law and of no legal effect”.

Malaysia is under a state of Emergency from January 11 until August 1. During this period, Parliament and state legislative assemblies – which typically play the role of checks and balance on the executive branch of the government – have been suspended until further notice. – April 16, 2021.