Courts should reject suit to challenge Agong's decision, says Nazri

 

Datuk Seri Nazri Aziz said the courts should have immediately rejected the civil suit filed last month to challenge the Agong’s decision not to declare a state of emergency in the country. - NST/file pic.

KUALA LUMPUR: Nobody in the country should make the current Covid-19 situation worse by dragging the Yang di-Pertuan Agong to the court simply to question his rights enshrined in the Federal Constitution.

Datuk Seri Nazri Aziz (Barisan Nasional-Padang Rengas) said the courts should have immediately rejected the civil suit filed last month to challenge the Agong's decision not to declare a state of emergency in the country.

He pointed out that despite Article 40 of the Federal Constitution stating that the "Agong shall act in accordance with the advice of the Cabinet", Article 150, which touches on the proclamation of emergency, gives the king a discretionary power.

Article 150(1) reads: "If the yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a proclamation of emergency making therein a declaration to that effect."

Thus, he said, it was clear that Article 40 was general while Article 150(1) was more specific and therefore, gives the Agong the discretion to reject a request to declare an emergency.

"It is inconsistent if we say the Agong doesn't have a right and must follow the Cabinet's advice because the word 'satisfied' is specifically for the Agong. He has feelings. He has the ability to ask the public whether or not it's proper (to declare an emergency)

"This is why I will continue to say that the Agong has his discretionary powers. In the case of the Agong's satisfaction, it is final and conclusive and cannot be challenged in any court for any reason.

"The courts should straight away reject (an application) when there's a request to challenge the Agong's satisfaction rather than staying silent like this as it will cause uneasiness as people will keep wondering about it since there is no finality on this matter," Nazri said.

The former cabinet member believes the current situation does not demand an emergency declaration, adding that countries facing worse Covid-19 daily cases have refrained from doing so.

"Except maybe Spain but that's because they have up to tens of thousands of daily cases and the number of deaths is much higher compared to our 1,000 cases.

"In fact, some third-world countries that we think have some dictatorial tendency have not declared emergency measures.

"So don't make the situation worse by dragging the Agong to the court to question the decision about his satisfaction which is his right to reject the emergency request," he said. - NST