KUALA LUMPUR (Jun 1): The hearing at the Court of Appeal for the application by three opposition lawmakers to commence judicial review proceedings on the emergency proclamation that has suspended the Parliament and state legislative assembly sittings has been postponed indefinitely. 

The appeal hearing was initially scheduled to begin on June 24. 

The appellants are seeking an appeal at the Court of Appeal after the High Court had refuted their challenge to institute a judicial review of the validity of Sections 11, 14 and 15 of the Emergency (Essential Powers) Ordinance 2021 which they want the court to declare as unconstitutional. 

Following the High Court's dismissal of the application in March, the three representatives — Amanah deputy president Datuk Seri Salahuddin Ayub, PKR chief whip Datuk Johari Abdul, and Perak opposition leader and DAP assemblyman Dr Abdul Aziz Bari — have filed their records of appeal into court and served them on the Attorney-General's Chambers (AGC). 

However, during case management today, the AGC noted that the written full grounds of judgment of the High Court is not available as yet, and that June 24 is too early for hearing the appeal.

Christopher Leong of law firm Chooi & Company + Cheang & Ariff, who is representing the three appellants, told theedgemarkets.com that the appeal was filed with a certificate of urgency, and that the matter is of public importance and interests.

He noted that it has been approximately 12 weeks since the decision of the High Court in dismissing the application for leave and that the written summary of the grounds of judgment, which comprises 10 pages, is already available and is sufficient.

"However, the Deputy Registrar of the Court of Appeal was of the view that the appeal ought to await the availability of the written full grounds of judgment of the High Court, and therefore did not fix the appeal for hearing," he said. 

As such, Leong added a case management has been fixed for July 16, but it may be called forward in the event the written full grounds of judgment is available earlier.

To recap, in dismissing the application, High Court judge Justice Datuk Ahmad Kamal Md Shahid said Article 150(8) of the Federal Constitution has "shut the court's doors from any challenge or application be made against the proclamation [of emergency] and the ordinances enacted under the emergency law".

Article 150(8) of the Federal Constitution states that the decision by the Yang di-Pertuan Agong to declare an emergency shall be final and conclusive and shall not be challenged or called in question in any court on any ground.