The Kuala Lumpur High Court has fixed March 8 for a judicial review leave application hearing on compelling Attorney-General Idrus Azizan Harun to advise Muhyiddin Yaasin to resign as prime minister.
Lawyer Mohamed Haniff Khatri Abdulla, who acts for applicant Khairuddin Abu Hassan (photo, above), today confirmed the hearing date.
"The matter is now fixed for hearing of the leave application ex-parte (the respondent Idrus not expected to be present) on March 8, 2021, at 10.30am," he said in a media statement.
On Feb 3, Khairuddin, a close ally of former prime minister Dr Mahathir Mohamad, filed the present legal action.
The current judicial review leave application joins his other that targets Muhyiddin's advice for the Yang di-Pertuan Agong to issue an emergency proclamation.
Through the present legal action, Khairuddin seeks a mandamus order for respondent Idrus to advise Muhyiddin to seek an audience with the Agong so that the Bersatu president can announce stepping down as premier.
The applicant claimed that Idrus has failed in his constitutional duty as AG to advise the Agong on Jan 9 that Muhyiddin has allegedly lost the majority support of MPs and thus unqualified to give advice to the Agong.
On Jan 9, Machang MP Ahmad Jazlan Yaakub withdrew his support for the Perikatan Nasional administration under Muhyiddin, resulting in a drop in PN's majority to 110 out of 220 lawmakers in Parliament.
Khairuddin also seeks a mandamus order to compel Idrus to advise Muhyiddin that he (Muhyiddin) no longer prima facie has the support of the majority of MPs, following the withdrawal of support not only by Jazlan but also by Padang Rengas MP Mohamed Nazri Abdul Aziz.
Khairuddin contended that the court has inherent powers under Article 121 of the Federal Constitution to hear and decide on his legal action in order to give a proper ruling to resolve the alleged present constitutional crisis.
"I also declare that what took place on Jan 11 until the gazetting of the Emergency (Essential Powers) Ordinance 2021 has opened a bad precedent that if not rectified, would permit any future prime minister to take the step, like the present prime minister, to remain in power and hold on to the premiership, despite him having lost the confidence of the majority of MPs," he said.
Khairuddin has assured that the lawsuit has nothing to do with the Agong and instead targets power-hungry politicians who taint the sovereignty of law and have no respect for the Federal Constitution's supremacy.
"In all honesty, I do not in any way question the power of the Agong as enshrined in the Federal Constitution.
"My contention and issue are regarding a prime minister who no longer has majority support of Dewan Rakyat lawmakers who has 'wrongly advised' the Agong," he alleged. - Mkini
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