KUALA LUMPUR: The government plans to strike out an originating summons filed by five opposition MPs against Prime Minister Datuk Seri Anwar Ibrahim and the government regarding the Malaysia-US Agreement on Reciprocal Trade (ART).
Senior federal counsel Nurhafizza Azizan informed High Court judge Datuk Amarjeet Singh during case management that the striking out application will be filed, requesting at least two weeks to prepare.
S Karthigesan, one of the lawyers representing the plaintiffs, told the court that his clients would review and possibly expand the constitutional questions they intend to refer to the Federal Court under the ART, following a recent US Supreme Court ruling on tariffs.
"We need at least a week to review the US Supreme Court's 170-page judgment and prepare the questions," he said. The court then fixed March 16 for the next case management.
Meanwhile, following the proceedings, another plaintiff’s lawyer, Muhammad Rafique Rashid Ali, told the media that while the proposed questions under Section 84 of the Courts of Judicature Act 1964 had been previously finalised, recent developments now required a reassessment.
Last Friday (Feb 20), the US Supreme Court ruled that US President Donald Trump's use of emergency powers to impose so-called reciprocal tariffs on nearly all of America's trading partners was unconstitutional.
Upholding the lower court's findings, the apex court also ruled that Trump overstepped his presidential powers when he used the 1977 International Emergency Economic Powers Act to impose sweeping global tariffs, as well as fentanyl-related duties on goods from China, Canada and Mexico.
Malaysia and the US signed the ART on Oct 26, 2025.
The five Perikatan Nasional MPs who filed the summons are Datuk Rosol Wahid (Hulu Terengganu), Fathul Huzir Ayob (Gerik), Datuk Awang Solahuddin Hashim (Pendang), Datuk Mas Ermieyati Samsudin (Masjid Tanah) and Datuk Abdul Khalid Abdullah (Rompin).
They are seeking a Federal Court ruling on key constitutional issues regarding the validity of the agreement, which they allege was signed without proper parliamentary approval. - Bernama
