PUTRAJAYA (Feb 3): Prime Minister Datuk Seri Anwar Ibrahim is proceeding to challenge the legality of the emergency proclamation made by his predecessor Tan Sri Muhyiddin Yassin, which prevented the Parliament from convening during the Covid-19 pandemic.
Anwar’s counsel Sangeet Kaur Deo, when contacted, confirmed that Anwar, who is also Tambun Member of Parliament, is continuing with his appeal.
Similarly, four others — Domestic Trade and Cost of Living Minister Datuk Seri Salahuddin Ayub, who is also the MP for Pulai; Dewan Rakyat Speaker Datuk Johari Abdul; Pasir Gudang MP Hassan Abdul Karim and Tebing Tinggi assemblyman Abdul Aziz Bari — have confirmed they are also proceeding with the appeal, according to their counsel Datuk Dr Gurdial Singh Nijar.
Previously, the five failed in their bid to challenge the constitutionality of the emergency proclamation at the High Court; the High Court's dismissal of their application was also upheld by the Court of Appeal.
The Federal Court has on Friday (Feb 3) fixed April 14 as the next case management date of the appeal, said Gurdial.
On May 22, a three-member Federal Court bench led by Datuk Nalini Pathmanathan in a majority decision allowed leave (permission) for the full merits of the appeal to be heard.
Nalini, along with another Federal Court judge Datuk Vernon Ong Lam Kiat, ruled that leave should be granted as there are questions of law of public importance, and that there was a need to revisit the Court of Appeal’s decision.
Judge Datuk Zabariah Mohd Yusof, who read the minority decision, said Article 150(8) of the Federal Constitution clearly bars judicial scrutiny of legislation passed during the emergency period.
Salahuddin, Johari, Hassan and Abdul Aziz had posed two questions of law in their application:
Meanwhile, the apex court decided to grant seven questions posed by Anwar in his challenge, which include:
Article 150 relates to the emergency proclamation made by the Yang di-Pertuan Agong.
Article 4 deals with the Federal Constitution being the supreme law of the country; Article 8 stipulates that all persons are equal before the law; while Article 121 deals with the power of judiciary in the country.