Activist’s suit on Muhyiddin’s legitimacy to advise King on emergency thrown out

 

The government had argued that the application by activist Khairuddin Abu Hassan was frivolous and an abuse of the court process.

KUALA LUMPUR: The High Court has allowed the government’s application to strike out activist Khairuddin Abu Hassan’s suit questioning former prime minister Muhyiddin Yassin’s legitimacy to advise the King to proclaim an emergency earlier this year.

Khairuddin’s lawyer, Muhammad Rafique Rashid Ali, said judge Noorin Badaruddin made the ruling after hearing submissions from the parties in a virtual proceeding.

“I will take instructions from my client on whether to appeal against the striking out of the action,” he told FMT.

Rafique said all legal questions posed by Khairuddin were relevant as they would serve as guidelines for future prime ministers.

Senior federal counsel S Narkunavathy represented Muhyiddin and the government.

On Jan 18, Khairuddin filed an originating summons asking the court to decide on the legal and constitutional issues over the emergency proclamation.

He asked the court to decide whether the advice by a prime minister, who had lost the confidence of the majority of MPs, proposing to the King to issue an emergency proclamation was invalid and unconstitutional.

Additionally, he wanted the court to determine the validity of the suspension of Parliament during the emergency, that had been scheduled to last until Aug 1.

On Feb 17, Muhyiddin and the government filed their application to strike out the suit on 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 to support his claim that Muhyiddin had lost the confidence of the majority in the Dewan Rakyat.

He said Khairuddin 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.

The King had proclaimed an emergency on Jan 12, to be enforced up to Aug 1, as a proactive measure to contain the worsening Covid-19 pandemic.

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 12 to Aug 1.

That clause 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