OPPOSITION leader Anwar Ibrahim and four elected representatives have filed applications for leave to appeal to the Federal Court against the Court of Appeal’s decision in dismissing their appeal to challenge Muhyiddin Yassin’s action in advising the Yang di-Pertuan Agong to suspend Parliament during the emergency period.

Anwar’s counsel, Ramkarpal Singh, said his client filed eight questions of law on December 24 to obtain leave from the apex court for the merit of the complaint to be heard.

The Federal Court registry has fixed January 26 for case management. 

Meanwhile, lawyer Christopher Leong, acting for Pulai MP Salahuddin Ayub, Sungai Petani MP Johari Abdul, Tebing Tinggi assemblyman Abdul Aziz Bari and Pasir Gudang MP Hassan Abdul Karim, said his clients have also filed their leave applications on December 23 and each of them has submitted two common legal questions.

On November 24, a three-member Court of Appeal panel, chaired by judge Has Zanah Mehat dismissed their appeals for leave to initiate a judicial review application against the former prime minister and the government.

In a unanimous decision, Has Zanah said the court did not have jurisdiction to entertain the judicial review applications even if leave was granted to the appellants. 

“It will be exercised in futility as the court is barred by article 150(8) of the Federal Constitution from questioning the exercise of discretion by the Yang di-Pertuan Agong on the proclamation of emergency,” she said.

Has Zanah said the power of the court depends on what the constitution provides for, not what some political thinkers think judicial power is.

She said pursuant to articles 150(6) and (8) of the Federal Constitution, Parliament intended to exclude judicial review on the decision to proclaim emergency as well as shutting the doors of the court to any challenge of the law made during the emergency and proclamation of emergency by Yang di-Pertuan Agong. 

On April 22, the Kuala Lumpur High Court dismissed Anwar’s application to obtain leave to commence a judicial review to challenge Muhyiddin’s advice to the Yang di-Pertuan Agong to suspend Parliament during the state of emergency.

The then High Court judge Mariana Yahya (now Court of Appeal judge) dismissed Anwar’s 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.

Mariana ruled that the advice of the cabinet and Muhyiddin to the king to promulgate the emergency ordinance was not amenable to judicial review.

Anwar, who is Port Dickson MP, filed the application seeking leave to initiate a judicial review on January 25, naming Muhyiddin and the government as respondents in his application.

Anwar is seeking, among others, a court declaration that the decision by the cabinet, led by Muhyiddin, to advise the king 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.

On March 11, the Kuala Lumpur High Court dismissed the applications for leave for judicial review brought by Salahuddin, Johari and Aziz on a similar issue while Hassan’s leave bid was dismissed by the Johor Baru High Court on April 26.

They had also named Muhyiddin and the government as respondents in their applications. – Bernama, December 28, 2021.