Lawmakers get leave to challenge Covid-era Parliament suspension

Two ruling lawmakers have gotten court leave to commence a challenge against then prime minister Muhyiddin Yassin’s advice to the Agong for Parliament to be suspended during the Covid-19 emergency.

The Federal Court this morning granted leave for the judicial review by Pasir Gudang MP Hassan Abdul Karim and Tebing Tinggi assemblyperson Abdul Aziz Bari to be heard on its merits.

The duo wanted a civil court ruling over the validity of Muhyiddin’s advice to the Yang di-Pertuan Agong that led to Parliament’s suspension during the Covid-19 pandemic in 2021.

However, the August house has since been opened and the related emergency was withdrawn two years ago, following an improvement in the Covid-19 situation in Malaysia.

With today’s apex court ruling, the Kuala Lumpur High Court is set to hear the judicial review.

Hassan and Aziz are seeking a court declaration that the decision by the Muhyiddin cabinet to advise His Majesty to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, is unconstitutional, unlawful, and of no effect.

The ordinance resulted in a temporary suspension of the Dewan Rakyat and the Dewan Negara.

Chief Justice Tengku Maimun Tuan Mat presided over today’s five-person Federal Court Bench.

The other members of the apex bench were Court of Appeal President Abang Iskandar Abang Hashim, as well as Federal Court judges P Nallini, Harmindar Singh Dhaliwal, and Rhodzariah Bujang.

When the challenge was initially filed at the High Court in 2021, then opposition leader Anwar Ibrahim, then Sungai Petani MP Johari Abdul, and then Pulai MP Salahuddin Ayub were among the judicial review applicants.

However, Anwar and Johari, who are now prime minister and Dewan Rakyat speaker, have since withdrawn their challenge while Salahuddin passed away last year.

In 2021, the High Court denied leave for the commencement of the judicial review on the grounds that the courts have no jurisdiction to hear legal issues linked to a prime minister’s advice to the king to promulgate the Emergency Ordinance.

Now back before the High Court, the judicial review named Muhyiddin and the government as respondents.

Senior federal counsel Liew Horng Bin appeared for the government while Gurdial Singh Nijar acted for Hassan and Aziz. - Mkini