KUALA LUMPUR: Opposition leader Datuk Seri Anwar Ibrahim is seeking to declare as unlawful the Cabinet decision which led to the Proclamation of Emergency by the King early this month.
Anwar filed the application for leave to initiate judicial review through Messrs Karpal Singh & Co at the High Court here on Monday.
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 the Emergency and caused the suspension of 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 deliberate prevention of Parliament from carrying out its full and proper functions.
Anwar’s lawyer Ramkarpal Singh, in a statement yesterday, said they were not challenging the 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.
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.
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