PUTRAJAYA (Jan 24): The Federal Court on Wednesday has allowed lawyers representing the late Datuk Seri Salahuddin Ayub and Dewan Rakyat Speaker Tan Sri Johari Abdul Ghani to withdraw their challenges with regards to the emergency proclamation made during Tan Sri Muhyiddin Yassin’s time as prime minister.
This follows Salahuddin’s passing in July last year, with lawyers representing him having discharged his appeal while Johari filed the withdrawal on Friday.
As a result, the three-member bench led by Federal Court judges Datuk Zabariah Mohd Yusof, Datuk Seri Hasnah Mohammed Hashim and Datuk Harmindar Singh Dhaliwal allowed Salahuddin and Johari’s appeal to be struck out.
The bench fixed May 15, 2024 to hear the continuing appeals filed by Perak assemblyman Abdul Aziz Bari and Pasir Gudang Member of Parliament Hassan Karim.
Two questions of law would be determined by the Federal Court, namely:
Whether Article 150(8) of the Federal Constitution and the interpretation of the said provision by the Federal Court in the decision of Datuk Seri Anwar Ibrahim vs the public prosecutor absolutely prevents the judiciary at the leave stage of judicial review from considering the validity of the decisions made under Article 150 in light of the decisions sighted in the above cases (ie SIS forum, Semenyih Jaya etc), and
Whether Article 150(6) and (8) of the Federal Constitution absolutely prevents the judiciary from constitutionally and statutorily reviewing the questions of whether the executive has exceeded its jurisdiction and ambit of power under Article 150 itself, when it enacted and advised the Yang di-Pertuan Agong to promulgate Sections 11(a) (b), 14 and 15 of the Emergency (Essential Powers) Ordinance following decision in other court cases involving Maria Chin Abdullah.
On May 23, 2022, a three-member apex court bench had in majority allowed leave to several parties to continue to challenge the emergency proclamation.
At that time, the politicians involved included Datuk Seri Anwar Ibrahim as opposition leader, Salehuddin, Johari, Abdul Aziz and Hassan.
However, Anwar, who is now prime minister, withdrew his appeal in November.