PUTRAJAYA: Anwar Ibrahim has withdrawn an appeal to the Federal Court seeking to challenge former prime minister Muhyiddin Yassin’s advice that the Yang di-Pertuan Agong suspend Parliament for the duration of an emergency period declared during the Covid-19 pandemic two years ago.
The withdrawal, effected through a notice of discontinuance filed on Dec 14 by the prime minister’s solicitors, Karpal Singh & Co, was revealed during case management before the apex court’s deputy registrar Suhaila Haron.
Lawyer Simranjit Kaur appeared for Anwar in proceedings conducted online.
Senior federal counsel Liew Horng Bin when contacted confirmed that Anwar has dropped his appeal.
Meanwhile, lawyer Christopher Leong said solicitors Cheang & Ariff have filed a notice of motion to discharge the firm from acting for former Pulai MP and domestic trade and cost of living minister Salahuddin Ayub who died on July 23.
Leong said Dewan Rakyat Speaker Johari Abdul and Tebing Tinggi assemblyman Abdul Aziz Bari remain as parties in the appeal.
Pasir Gudang MP Hassan Karim is also pursuing his appeal.
Liew said Suhaila has fixed the appeal for further case management on Jan 8.
Anwar, the Port Dickson MP and opposition leader at the time, filed his application for judicial review on Jan 26, 2021, naming Muhyiddin and the government as respondents.
He sought a declaration by the court that the decision by Muhyiddin’s Cabinet to advise Sultan Abdullah Sultan Ahmad Shah to promulgate an Emergency and suspend Parliament and all state legislatures, was unconstitutional, unlawful, and ultra vires the Federal Constitution.
Similar challenges were filed by Salahuddin, Johari, Aziz, Hassan and several NGOs.
In separate judgments, two High Court judges in Kuala Lumpur and one in Johor Bahru refused the applicants leave to pursue a judicial review.
They held that challenges to the King’s discretionary power to make an emergency proclamation and enact ordinances were not amenable to judicial review.
On Nov 24, 2021, the Court of Appeal dismissed their appeals.
On May 25 last year, the five, who were members of the opposition at the time, secured leave from the Federal Court to challenge the appeals court’s decision. - FMT
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