KUALA LUMPUR: The government wants the High Court to first hear its application to strike out a suit by activist Khairuddin Abu Hassan against the prime minister for advising the King to proclaim the emergency, instead of a reference application by Khairuddin.
The reference application to the Federal Court has been set for April 12.
Last week, judge Mariana Yahya, who is now elevated to the Court of Appeal, informed parties that she would first hear Khairuddin’s reference application before the government’s application to strike out the suit is heard.
On March 5, Khairuddin filed four questions of law in the High Court for Mariana to refer under Section 84 of the Courts of Judicature Act.
Lawyer Muhammad Rafique Rashid Ali, representing Khairuddin, said senior federal counsel S Narkunavathy sent an email today to the secretary of judge Noorin Badaruddin, who has replaced Mariana.
“We will be replying to object to the government application on Monday,” Rafique said.
Khairuddin filed an originating summons on Jan 18, asking the court to decide on the legal and constitutional issues over the emergency proclamation.
On Feb 17, Muhyiddin and the government filed the application to strike out the suit on the grounds that it was frivolous, trivial, troublesome and an abuse of the court process.
Solicitor-general Abdul Razak Musa, in a supporting affidavit filed with the application, said there was no evidence in Khairuddin’s application that supported his claim that Muhyiddin had lost the confidence of the majority in the Dewan Rakyat.
He said the plaintiff had also failed to identify the public and private rights or legal interests that had been denied or personal losses suffered following Muhyiddin’s advice to the King.
On Jan 12, the King proclaimed a Covid-19 emergency, to be enforced up to Aug 1, as a proactive measure to contain the worsening pandemic in Malaysia.
Muhyiddin on the same day explained that the Cabinet had advised the King to proclaim the emergency under Clause (1) of Article 150 of the Federal Constitution effective Jan 11, 2021, until Aug 1, 2021.
Clause (1) of Article 150 states that if the King is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a proclamation of emergency. - FMT
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