The Muslim Lawyers Association of Malaysia (PPMM) has filed an application to intervene in a lawsuit over Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah’s decision not to accede to Prime Minister Muhyiddin Yassin’s request for an Emergency Declaration.
Through its solicitor Messrs Amelda Fuad Abi & Aidil, the association filed its intervener bid at the Kuala Lumpur High Court Registry this afternoon.
On Oct 30, lawyer Syed Iskandar Syed Jaffar filed the legal action to seek the court’s guidance over the issue of whether the Agong “has an unfettered discretion not to declare an emergency despite the advice of the prime minister of the federal cabinet to the contrary”, among others.
On Oct 25, it was reported that the Agong decided not to accede to Muhyiddin’s request for a proclamation of emergency on the declared reason that the current Perikatan Nasional government was handling the Covid-19 pandemic effectively.
According to a copy of the intervener application, the listed proposed intervener is the association’s secretary-general Ridha Abdah Subri.
The cause papers stated that the association seeks to intervene as among its objectives are to safeguard the sovereignty of the law and the supremacy of the Federal Constitution (the supreme law of Malaysia).
The association claimed that it seeks to intervene as its members are involved in legal consultation on issues of law and the Federal Constitution, such as in advising various state religious councils over the position and interpretation of the Federal Constitution.
The association alleged it seeks to intervene because the lawsuit touched directly on the issue of separation of power between the three branches of government, namely the executive, the legislature and the judiciary, with the Agong playing the role of check and balance on this separation of power in Malaysia.
“As an association comprised of legal practitioners as well as directly involved in the judicial process in this country, including advising various religious council entities in several states, therefore PPMM has a valid legal interest to be made a party in this action,” the intervener application claimed.
The association added that it also seeks to intervene because it claimed the government, the sole defendant in the lawsuit, has the interest to support the plaintiff of the suit.
PPMM claimed that this is because Attorney-General Idrus Harun, who heads the Attorney-General’s Chambers (AGC), was actually part of the delegation of the prime minister and the cabinet who had gone to meet the Agong over the request for an emergency.
The association further alleged that this results in a conflict of interest as the AGC represents the government in the lawsuit.
“As explained in its background, PPMM has the right, among others, to be allowed to become an intervener as applied here for the purpose of determining, in the course of natural justice, to raise its points and/or submission for the purpose of supporting the decision of the Yang di-Pertuan Agong,” the association said.
Meanwhile, in a media statement, law firm Messrs Amelda Fuad Abi & Aidil confirmed the filing of the intervener application on behalf of PPMM.
“Senior lawyer (Mohamed) Haniff Khatri (Abdulla) has been appointed to lead PPMM’s legal team at court, in order to emphasise PPMM’s stance of upholding the discretionary power of the Yang di-Pertuan Agong as enshrined in the (Federal) Constitution,” the legal firm said.
The law firm added that the intervener application is set for e-review (online teleconferencing) case management by the Kuala Lumpur High Court Registry on Nov 13. - Mkini
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