Emergency proclamation: AGC objects to Anwar's bid for judicial review

KUALA LUMPUR: The AttorneyGeneral's Chambers (AGC) has yesterday objected to the leave for judicial review being sought by Datuk Seri Anwar Ibrahim to challenge Tan Sri Muhyiddin Yassin's move to advise the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah to suspend Parliament during the Emergency period.

Senior federal counsel (SFC) Ahmad Hanir Hambaly said that objection was made on the grounds that Anwar's judicial review application was disallowed by Article 150 (6) and Article 150 (8) of the Federal Constitution.

“Today is set to hear the application for judicial review by the applicant (Anwar). However, the AGC objected to the application, and after hearing the arguments of the parties involved, the court set March 11 for the parties to file their submissions in reply,” he told reporters after the proceedings of the case, conducted via a video conference before High Court Judge Datuk Seri Mariana Yahya.

The proceedings were also attended by SFC S. Narkunavathy and federal counsel Mohammad Sallehuddin Md Ali while Anwar was represented by lawyers Ramkarpal Singh and Sangeet Kaur Deo.

Meanwhile, Sangeet when contacted by reporters confirmed the matter.

On Jan 25, Anwar, who is also the MP for Port Dickson, filed the application to initiate a judicial review by naming the prime minister and the government as respondents.

He sought a court declaration that the decision by the Cabinet, led by Muhyiddin, to advise AlSultan Abdullah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which had resulted in the suspension of Parliament, is unconstitutional, unlawful, has no effect and is ultra vires.

Anwar also sought a declaration that Section 14 of the Emergency Ordinance is inconsistent with Article 150 (3) and (5) of the Federal Constitution, and therefore is unconstitutional and invalid, apart from applying for a mandamus order for both respondents to advise Al-Sultan Abdullah to repeal the said section.

The opposition leader also filed an application to refer four legal questions to the Federal Court pertaining to the same (emergency) issue. - Bernama