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Thursday, March 11, 2021

King's decision on emergency cannot be challenged in any court

 


The Kuala Lumpur High Court today ruled that the Yang di-Pertuan Agong’s proclamation and the ordinances enacted under the emergency law cannot be challenged in any court of law.

Judge Ahmad Kamal Mohd Shahid said this was provided for under Article 150(8) of the Federal Constitution which among others states that the Yang di-Pertuan Agong’s decision over the proclamation of emergency shall be final and conclusive and shall not be challenged or called in question in any court on any ground.

The judge made the ruling after dismissing the leave application for a judicial review brought by three elected representatives to challenge Muhyiddin Yassin's move to advise the Yang di-Pertuan Agong to suspend Parliament and the state assemblies sittings during an emergency.

The trio was Simpang Jeram assemblyperson and Pulai MP Salahuddin Ayub, Gurun assemblyperson and Sungai Petani MP Johari Abdul and Tebing Tinggi assemblyperson Abdul Aziz Bari.

In their application, they named the prime minister and the Malaysian government as the respondents.

Ahmad Kamal also held that the application by the three applicants to challenge the king’s decision over the proclamation of emergency was not amenable to judicial review. - Bernama

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