Anwar to continue challenge of Parliament’s 2021 suspension

 

Anwar Ibrahim has given the nod to proceed with the appeal despite his appointment as the prime minister.

PUTRAJAYA: Anwar Ibrahim is proceeding with his appeal in the Federal Court to challenge former prime minister Muhyiddin Yassin’s decision to advise the Yang di-Pertuan Agong to suspend Parliament during the 2021 emergency.

Anwar’s lawyer, Sangeet Kaur Deo, said she had instructions from him to argue the case since the Federal Court granted him leave last year.

“He has given the nod to proceed with the appeal despite his appointment as the prime minister,” she told FMT.

The Federal Court is scheduled to fix an appeal hearing date today.

Anwar, the then Port Dickson MP, filed a judicial review on Jan 26, 2021, naming Muhyiddin and the government as respondents.

On May 25 last year, Anwar and four other elected representatives received the green light from the Federal Court to proceed with their appeal.

A three-member bench led by Federal Court judge Nallini Pathmanathan, in a majority 2-1 decision, allowed the applications by Anwar and the other MPs for leave to appeal against the Court of Appeal decision.

Justices Nallini and Vernon Ong ruled in favour of the applicants while Justice Zabariah Mohd Yusof dissented.

They had previously failed before the High Court in Kuala Lumpur and Johor Bahru in 2021 to obtain leave on grounds that any challenge made against the King’s emergency proclamation and the ordinances enacted was not amenable to judicial review.

Attorney-General Idrus Harun had objected to the leave applications.

On Nov 24, 2021, the Court of Appeal also dismissed the appeals of the five, stating that the court was not “clothed with the jurisdiction” to entertain any judicial review application even if leave was granted to them.

Anwar is seeking, among others, a court declaration that the decision by the Cabinet, led by Muhyiddin, to advise the King, Sultan Abdullah Sultan Ahmad Shah, to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which resulted in the suspension of Parliament, was unconstitutional, unlawful, has no effect and is ultra vires.

Anwar filed eight questions of law to obtain leave from the court for the merit of the complaint – that the emergency was unnecessary and the Cabinet gave wrong advice to the King – to be heard.

The others, who also challenged the constitutionality of the emergency proclamation and suspension of Parliament and state legislative assemblies, had submitted two common legal questions. - FMT