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.

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 18
Cxense type: free
User access status: 3

Did you find this article insightful?


90% readers found this article insightful

Next In Nation

Two high school friends from Ranau reunite at Universiti Teknologi Petronas after six years apart
Transport Ministry committed to helping the disabled, says Dr Wee
Floods: Number of evacuees in Terengganu rises, situation improves in Perak and Kelantan
Transport Ministry ready to help army veterans, says Dr Wee
Appeal by 33 people including Sabah CM over dissolution of state assembly withdrawn
Hamzah: Firms can hire foreign workers if they finance deportation of those held at immigration depots
No mining of non-radioactive rare earth elements until SOPs are followed, says Natural Resources Minister
Ismail Sabri: Action taken against 482 people over MCO violations on Wednesday (Dec 2)
Covid-19: Four new clusters detected with three in Sabah and one in Selangor
Natural gas use will ease transition into renewable energy, says PM

Stories You'll Enjoy