Bid to challenge Parliament suspension fails

KUALA LUMPUR: Three opposition lawmakers failed in their attempt to initiate a judicial review over the suspension of Parliament and state legislative assembly sittings during the current Emergency.

This after High Court judge Datuk Ahmad Kamal Md Shahid dismissed their application for leave to commence judicial review.

The application was filed two weeks ago by Parti Amanah Negara’s Pulai member of parliament (MP) and Simpang Jeram assemblyman Datuk Seri Salahuddin Ayub, DAP’s Tebing Tinggi assemblyman Abdul Aziz Bari and Datuk Johari Abdul, who is Sungai Petani MP and Gurun assemblyman.

They named Prime Minister Tan Sri Muhyiddin Yassin and the federal government as the first and second respondents, respectively.

Ahmad Kamal, in his judgment, said the application was frivolous as there was no arguable case from the applicants.

“I am of the opinion that the subject matter of this application is not amenable to judicial review. It is reiterated that Article 150(8) of the Federal Constitution is valid and constitutional.

“It (the article) has shut the court’s doors from any challenge or application to be made against the proclamation and the ordinances enacted under the emergency laws.”

He said there was nothing in the Federal Constitution that imposed a legal duty on the first respondent to act in the manner dictated by the applicants.

“Hence in the absence of any legal duty imposed on the first respondent, the applicants’ pleaded reliefs are misconceived in law,” he added.

The Attorney-General’s Chamber was represented by Senior Federal Counsel Suzanna Atan, S. Narkunavathy, Ahmad Hanir Hambaly @ Arwi and Mazlifah Ayob.

Counsel Christopher Leong, Datuk Gurdial Singh Nijar and Abdullah Rahman represented the applicants.