SFC: Adly Zahari’s legal action to stop Melaka polls non-justiciable

KUALA LUMPUR: The Attorney-General’s Chambers (AGC) has objected to the leave application for a judicial review brought by Adly Zahari to stop the Melaka state election scheduled for Nov 20, saying that the legal action brought by the former Melaka chief minister is non-justiciable.

Senior federal counsel S. Narkunavathy told the High Court that the applicant (Adly) did not have an arguable case for the merits to be heard at the substantive hearing of the judicial review.

“In connection with the unconstitutionality of legislation, we have seen that even where a fundamental right has been invaded by a statute, the individual who is affected thereby may not have a remedy from a court of law because the issue involved is not justiciable,” she said.

Adly, 50, filed the application by naming former Melaka Chief Minister Datuk Seri Sulaiman Md Ali, Melaka Speaker Datuk Seri Ab Rauf Yusoh, the Election Commission (EC) and Melaka Yang Dipertua Negeri Tun Mohd Ali Rustam as the first, second, third and fourth respondents, respectively.

Narkunavathy further submitted that the core of the applicant’s challenge in the judicial review proceeding was the dissolution of the Melaka state legislative assembly on the premise that the first respondent (Sulaiman) ceased to command the confidence of the majority of the members.

“Guided by the dicta of the Court of Appeal in Tan Sri Musa Aman’s case, it is clear that matters relating to the proclamation and dissolution of the Assembly are clearly non-justiciable and insulated from judicial scrutiny. This leave application has no merit,” she said and sought the court to dismiss the leave application.

Counsel Razlan Hadri Zulkifli, representing Adly, countered that the first respondent (Sulaiman) had no constitutional basis to advise the fourth respondent (Mohd Ali) to dissolve the state assembly.

He said it was clear that Sulaiman had already ceased to command the confidence of the majority when he allegedly advised Mohd Ali. the fourth respondent, to dissolve the assembly.

Judge Datuk Noorin Badaruddin will deliver her decision today on whether to grant leave to Adly for the full merits of his application to be heard.

Adly is seeking a declaration that Sulaiman’s action in advising Mohd Ali on Oct 4 to dissolve the state assembly was illegal and therefore null and void. — Bernama