Nazri: Courts should have thrown out application to challenge King's decision not to declare Emergency


KUALA LUMPUR: Legal challenges to the Yang di-Pertuan Agong's decision not to declare a state of emergency should have been thrown out immediately, says Datuk Seri Nazri Aziz.

The Padang Rengas MP said this was because Article 150 in the Federal Constitution clearly states that this was the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah's prerogative and could not be challenged and in courts – on any grounds.

"No court has the power to decide or entertain any applications or proceedings about the Yang di-Pertuan Agong's decision.

"The courts should have straight away rejected applications to dispute the King's decision rather than maintaining silence," he said during his debate on Budget 2021 in Parliament on Wednesday (Nov 18)," said Nazri.

Nazri noted that Article 150(1) of the Federal Constitution clearly stated that the King could proclaim a state of emergency if he was satisfied that there was a grave emergency.

"The most important word in proclamation is 'satisfaction'. If the King is satisfied, then he can call for an Emergency. Otherwise, he can reject it," he said.

The ex-de facto law minister under the former Barisan Nasional administration also said that the Federal Constitution is drafted for the regular Malaysian, not legal practitioners.

"If it's for legal practitioners, then it will be filled with legal jargon. But the Constitution is for regular people, which means that the words used are not complicated and regular Malaysians will understand it," he said.

On Oct 23, Prime Minister Tan Sri Muhyiddin Yassin requested the proclamation of Emergency under Article 150(1) and proclamation of Emergency (Essential Powers 2020) Ordinance pursuant to Article 150 (2B) of the Federal Constitution to combat the threat of the Covid-19 pandemic in the country.

On Oct 25, the Comptroller of the Royal Household of Istana Negara, Datuk Ahmad Fadil Shamsuddin, issued a statement that the Yang di-Pertuan Agong had decided there was no need to declare a state of emergency in the country.

He said that Sultan Abdullah and the Malay Rulers had gone through the proposal to declare a state of emergency and felt that the government had managed to contain the pandemic effectively.

On Oct 30, a 53-year-old lawyer filed a challenge against the Yang di-Pertuan Agong's decision.

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