Legal bid filed to compel AG to advise Muhyiddin to quit as PM

 

Khairuddin Abu Hassan, a close ally of Dr Mahathir Mohamad, has gone to court to compel Attorney-General (AG) Idrus Azizan Harun to advise Muhyiddin Yassin to step down as prime minister.

The Jasin parliamentary coordinator, through his counsel Mohamed Haniff Khatri Abdulla, filed the judicial review leave application at the Kuala Lumpur High Court late yesterday afternoon.

The present legal action joins his other one that targets Muhyiddin’s advice for the Yang di-Pertuan Agong to issue an emergency proclamation.

According to a copy of the present judicial review leave application, Khairuddin seeks a mandamus order for respondent Idrus to advise Muhyiddin to seek an audience with the Agong so that the Bersatu president can announce stepping down as premier.

The applicant claimed that Idrus has failed in his constitutional duty as AG to advise the Agong on Jan 9 that Muhyiddin has allegedly lost majority support of Members of Parliament (MPs) and thus unqualified to give advice to the Agong.

On Jan 9, Machang MP Ahmad Jazlan Yaakub withdrew his support for the Perikatan Nasional administration under Muhyiddin, resulting in a drop in PN’s majority to 110 out of 220 lawmakers in Parliament.

Khairuddin also seeks a mandamus order to compel Idrus to advise Muhyiddin that he (Muhyiddin) no longer prima facie has the support of majority of MPs, following the withdrawal of support not only by Jazlan but also by Padang Rengas MP Mohamed Nazri Abdul Aziz.

On Jan 12, Nazri announced his retraction of support to Muhyiddin, because the premier’s move to seek the Agong's consent and declare a nationwide emergency is an indirect admission that the Pagoh MP has lost his majority support in Parliament.

“The respondent (Idrus) as Attorney-General of Malaysia has also failed to carry out his responsibility and/or fulfil his function granted by Article 145(2) of the Federal Constitution, to advise the Prime Minister (Muhyiddin) to step down from the cabinet because the Prime Minister no longer has the majority support of MPs based on Article 43(4) of the Federal Constitution, when in fact the Attorney-General of Malaysia had every opportunity and/or responsibility to meet and/or advise the Prime Minister regarding this matter,” Khairuddin contended.

He also claimed that as a result of Muhyiddin losing majority support of MPs, then the premier has no qualification under the Federal Constitution to give any advice to the Agong on Jan 11.

On that day, Muhyiddin along with a delegation that included Idrus, had an audience with the Agong to advise His Majesty over the declaration of the current emergency to tackle the Covid-19 pandemic in Malaysia.

“I have been rightfully advised by my counsel that the action of the respondent (Idrus), as Attorney-General of Malaysia, is unjust (tidak adil) and an abuse of power as well as in contravention of the fundamental principles of justice, and that this honourable court can give a declaration and mandamus (order),” Khairuddin said through his affidavit in support of the legal action.

Following the onset of the emergency, other parties have also gone to court to challenge Muhyiddin’s advice for the emergency declaration, among them PKR president Anwar Ibrahim and non-governmental organisations like Bersih. - Mkini