Anwar files judicial review application to challenge govt decision over Emergency proclamation


Datuk Seri Anwar Ibrahim. -filepic

KUALA LUMPUR: Opposition leader Datuk Seri Anwar Ibrahim has filed an application for leave to initiate judicial review to challenge the government’s decision in advising the King to declare an Emergency proclamation.

The application for leave to initiate judicial review was filed through Messrs Karpal Singh & Co at the High Court here yesterday (Jan 25).

It named the Prime Minister and the government as the first and second respondents respectively.

In the court document, Anwar, 74, seeks a declaration that a Cabinet decision chaired by Prime Minister Tan Sri Muhyiddin Yassin that advised the King to declare Emergency and caused the suspension of the Parliament was unlawful, unconstitutional, invalid and uneffective.

The Port Dickson MP is seeking a certiorari order to nullify the decision by the respondents to give the said advice to the King.

Anwar is also seeking a mandamus order to compel the respondents to advise the King to negate the Emergency.

In his supporting affidavit, Anwar contended that the Cabinet led by Muhyiddin had failed in their constitutional duty to provide the King with appropriate, reasoned and lawful advice.

He said the unfounded advice had resulted in a deliberate prevention of Parliament from carrying out its full and proper functions.

Anwar's lawyer Ramkarpal Singh said in a statement on Tuesday that they were not challenging the Emergency proclamation itself but the decision by the Prime Minister (through the Cabinet) to advise the Yang di-Pertuan Agong to approve the Emergency Ordinance, resulting in the suspension of parliamentary sittings throughout the Emergency period.

"It is hoped that a hearing date for the application could be fixed as soon as possible," Ramkarpal added.

Just last week, former Batu Kawan Umno division chief Khairuddin Abu Hassan filed a similar suit to challenge the advice given by Muhyiddin to the King over the emergency proclamation.

Khairuddin, 58, filed the originating summons through law firm Messrs Law Practice of Rafique here on Jan 18.

According to the court documents, Khairuddin is seeking among others for a court declaration on whether Muhyiddin's advice to the King was unlawful and unconstitutional as he claimed that Muhyiddin had lost the support of lawmakers in Dewan Rakyat.

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