AGC opposes bid by parties to intervene in emergency proclamation suit

 

Putrajaya says the Attorney-General’s Chambers is competent to represent the government in lawyer Syed Iskandar Jaafar al-Mahdzar’s suit. (Reuters pic)

KUALA LUMPUR: Putrajaya is supporting a lawyer who is opposing others from wanting to become interveners in his suit to seek clarification from the court on whether the Yang di-Pertuan Agong’s decision to refuse an emergency proclamation as advised by the prime minister is unconstitutional.

Solicitor-General Abdul Razak Musa, who affirmed affidavits in support of Syed Iskandar Jaafar al-Mahdzar’s opposition, said the plaintiff (Syed Iskandar) was only raising questions of law in the Federal Constitution for the court to answer.

“I believe the plaintiff’s originating summons merely involve the interpretation of the constitution and the defendant’s (government) stand is also on reliance of the supreme law of the land,” Razak said in the affidavit sighted by FMT.

He said the question of conflict of interest as claimed by the Muslim Lawyers Association (PPMM) did not arise and the Attorney-General’s Chambers was competent to represent the government.

Further, Razak said, PPMM, the Centre For A Better Tomorrow and lawyers Mohd Khairul Azam Abdul Aziz, Malcolm Fernandez and Nazirah Abdul Rahim had no legal interest to be made party to the action.

Syed Iskandar had earlier filed an affidavit to oppose PPMM and the others who have applied to become interveners.

He said PPMM represents a sectional and religious interest and not the Federation of Malaysia and the application was, therefore, made with malicious intent and in bad faith.

PPMM secretary Ridha Abdah Subri said it wanted to intervene to uphold the rule of law and supremacy of the Federal Constitution.

Syed Iskandar said the government, which is represented by the AGC, was perfectly capable of protecting the interest of all institutions in Malaysia.

The lawyer said the four other proposed interveners did not explain how their legal interest would be directly affected by the outcome of the suit.

High Court judge Mariana Yahya has fixed Feb 16 to hear the intervener applications.

In an affidavit in support of the action, Syed Iskandar said the King, in not accepting the advice of Prime Minister Muhyiddin Yassin or his Cabinet, did not perform his function in accordance with Articles 40 and 150.

On Oct 23, Muhyiddin advised the King to issue an emergency proclamation under Article 150 after the Cabinet agreed on the matter at a special meeting.

Two days later, after a special meeting among the Malay rulers, the King decreed that an emergency proclamation in the entire or part of the country was not necessary. - FMT