Muhyiddin Yassin and the government have moved to strike out a legal challenge over the prime minister’s advice for the present emergency.
The reason cited was that the lawsuit by Khairuddin Abu Hassan, a stalwart of former prime minister Dr Mahathir Mohamad, was allegedly frivolous, vexatious, and an abuse of the court process.
This was stated in the striking-out application filed at the Kuala Lumpur High Court today.
Khairuddin’s suit was just one among several recently filed to challenge the validity of Muhyiddin’s advice for the Yang di-Pertuan Agong to proclaim the present emergency.
Others who have mounted similar legal actions were PKR president Anwar Ibrahim and electoral watchdog Bersih.
On Jan 11, Muhyiddin had an audience with the Agong, whereby he advised His Majesty over the need for the emergency proclamation to combat the Covid-19 pandemic.
According to a copy of the two defendants’ affidavit in support signed by Solicitor-General Abdul Razak Musa, it was contended that Khairuddin’s suit failed to provide proof that Muhyiddin had lost the majority support of MPs.
In the legal action, Khairuddin claimed that Muhyiddin’s advice was invalid as the latter had lost the majority support of lawmakers in Parliament.
He alleged that the withdrawal of support by Machang MP Ahmad Jazlan Yaakub on Jan 9 caused the premier’s majority to slide to 110 parliamentarians.
In the affidavit, Razak contended that Khairuddin failed to ascertain what public or personal rights were violated by Muhyiddin’s advice or what loss the plaintiff incurred due to the advice.
The solicitor-general also claimed that the plaintiff’s suit failed to identify what issue or controversy existed between him and the two defendants.
“I verily believe and state that the plaintiff’s application is pointless and a waste of this honourable court’s time because it only contained questions without valid aim and does not bring benefit to anybody,” Razak contended in the affidavit.
When contacted by Malaysiakini this afternoon, Khairuddin’s counsel Muhammad Rafique confirmed that Muhyiddin and the government filed the striking-out bid.
“Khairuddin will respond to the striking-out (application). It is fixed for CM (case management before the Kuala Lumpur High Court) on (Feb) 19 this Friday,” the lawyer said.
Besides the present lawsuit, Khairuddin has also filed a separate legal action to compel the attorney-general to advise Muhyiddin to step down as premier.
The legal action was filed over similar grounds that Muhyiddin had lost the support of the majority of MPs. - Mkini
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