Khairuddin Abu Hassan, a stalwart of former premier Dr Mahathir Mohamad, has gone to court to challenge the advice given by Prime Minister Muhyiddin Yassin to the Yang di-Pertuan Agong on the recent emergency declaration.
The Jasin Amanah parliamentary coordinator filed the legal challenge through law firm Messrs Law Practice Of Rafique at the Kuala Lumpur High Court today.
The legal action came on the heels of calls by multiple quarters that the emergency issue should be brought to court.
Yesterday, PKR president Anwar Ibrahim said his party would press ahead with a legal challenge over the government’s emergency proclamation.
According to a copy of the originating summons, Khairuddin is seeking, among others, for the court to decide on the validity of Muhyiddin’s advice due to allegedly losing the majority support of lawmakers in Parliament.
Khairuddin seeks the court to determine "whether the advice by a prime minister, who has lost the confidence of the majority of MPs, that proposed to the Yang di-Pertuan Agong to issue an emergency proclamation, is invalid and unconstitutional."
He also wants the court to determine "whether the advice by the prime minister to the Yang di-Pertuan Agong to issue the emergency proclamation, was made 'in fraudem legis' whereby at the time the advice was given, he had lost the confidence of majority MPs to remain as prime minister."
Additionally, he seeks the court's determination on the validity of the suspension of parliamentary sessions until Aug 1 during the duration of the emergency, due to Muhyiddin allegedly having lost the confidence of the majority of lawmakers.
According to a copy of the statement of claim, Khairuddin claimed that this is the first time in Malaysia’s history that such a constitutional crisis was triggered - when Muhyiddin gave advice to the Agong for such an emergency declaration when the premier allegedly lost majority confidence.
The plaintiff pointed out that the withdrawal of support by Machang MP Ahmad Jazlan Yaakub on Jan 9 caused the premier’s support to slide to 110 parliamentarians.
The plaintiff claimed this is less than the 111 support needed for Muhyiddin to remain as prime minister.
“Following this, the first defendant (Muhyiddin) has to step down from his post outside of him applying for the Yang di-Pertuan Agong to dissolve Parliament to give way to a general election.
“I humbly declare that at all material time, when the first defendant was giving his advice to the Yang di-Pertuan Agong for a proclamation of emergency, (it) was solely for his (Muhyiddin's) political survival, which is to remain in his post of prime minister,” Khairuddin claimed.
On Jan 9, it was reported that Kelantan Umno chief Ahmad Jazlan retracted his support for the Perikatan Nasional federal administration led by Muhyiddin.
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 claimed.
Meanwhile through a media statement today, Khairuddin 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 supremacy of the Federal Constitution.
“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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