Two lawyers have filed an application to intervene in a lawsuit over the 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.
Parti Bumiputera Perkasa Malaysia (Putra) vice-president Mohd Khairul Azam Abdul Aziz and Malcolm Fernandez, through law firm Messrs Raja Riza & Associates, filed their intervener applications at the Kuala Lumpur High Court Registry this afternoon.
Yesterday, the Muslim Lawyers Association of Malaysia (PPMM) also filed an application to intervene in the lawsuit filed by lawyer Syed Iskandar Syed Jaffar.
On Oct 30, Syed Iskandar, a lawyer, filed his legal action to seek the court’s guidance over the issue of whether the Agong “has 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 Khairul Azam and Fernandez’ intervener applications, the two lawyers said they seek to intervene due to their having the constitutional right and valid legal interest in the matter in their capacity of being legal practitioners.
The duo said that as Malaysian citizens, they had a genuine interest in the matter.
“The proposed interveners (Khairul Azam and Fernandez), as legal practitioners, also have the interest to intervene for the purpose of dispelling public perception that the plaintiff’s (Syed Iskandar) views represent the views of all other lawyers who are reasonable,” they claimed.
Khairul Azam and Fernandez said that they sought to intervene because as legal practitioners, they had the right to help interpret constitutional issues and assist the court to arrive at a proper decision in the lawsuit.
The duo also claimed that they sought to intervene because as lawyers, they have the right to raise points and submissions that involve the process of natural justice.
In a media statement today, law firm Messrs Raja Riza & Associates additionally said that Khairul Azam sought to intervene in the lawsuit as it (the lawsuit) clearly questioned the power of the Agong as enshrined under Article 150 of the Federal Constitution, among others.
Article 150 deals with the constitutional power of the Agong to issue an Emergency declaration.
The law firm also claimed that Fernandez sought to intervene in the lawsuit in order to support the Agong’s decision which had been made in accordance with constitutional principles and the law.
“It needs to be emphasised that the Agong is one of the pillars that supports all layers of society regardless of race or religion,” the law firm said. - Mkini
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