Mahathir 4 Others Allowed Into Suit Over Agong S Previous Emergency Decision

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Former prime minister Dr Mahathir Mohamad and four other Pejuang members succeeded in being added as parties in legal action over the Yang di-Pertuan Agong's earlier decision to refuse the emergency proclamation last year.
Several lawyers, as well as non-governmental organisation (NGO) Centre for a Better Tomorrow (Cenbet), were allowed by the Kuala Lumpur High Court to intervene in the legal action by lawyer Syed Iskandar Syed Jaafar.
Lawyer Muhammad Rafique Rashid Ali confirmed that judge Mariana Yahya allowed the intervenor applications during online hearing via Zoom application today.
“Pejuang MPs and a host of others are allowed to intervene in Syed Iskandar’s suit,” Rafique told Malaysiakini today.
“Mariana decided that since it is a public interest and constitutional issue, the interveners had legitimate and real interests to be allowed to intervene.”
He added that the main legal action is fixed for case management on March 16.
Rafique is the counsel for Mahathir and four other Pejuang politicians, namely Jerlun MP Mukhriz Mahathir, Kubang Pasu MP Amiruddin Hamzah, Sri Gading MP Shahruddin Md Salleh and senator Marzuki Yahya.
The five Pejuang members claimed they should be included in the suit because of their constitutional rights to safeguard, protect and uphold the Federal Constitution.
The other parties allowed to intervene are the Muslim Lawyers Association of Malaysia (PPMM), lawyers Mohd Khairul Azam Abdul Aziz, Malcolm Fernandez and Nazira Abdul Rahim, as well as Cenbet.
Syed Iskandar’s legal action seeks the court's guidance over the constitutional issue linked to the Agong's earlier decision not to abide by Prime Minister Muhyiddin Yassin's request for an emergency proclamation.
On Oct 25, it was reported that the Agong decided not to accede to Muhyiddin's request on the declared reason that the current Perikatan Nasional government was handling the Covid-19 pandemic effectively.
It should be noted that on Jan 12 this year, His Majesty agreed to Muhyiddin's advice for a proclamation of emergency to tackle the pandemic.
Through the suit, Syed Iskandar is seeking for the court to determine, among others, whether the Agong "has an unfettered discretion not to declare an emergency despite the advice of the prime minister of the federal cabinet to the contrary".
The plaintiff also wants the court to determine this through the true construction of Articles 40 and 150 of the Federal Constitution.
Article 40 generally deals with the need for the monarch to act in accordance with the advice of the cabinet or of a minister acting under the general authority of the cabinet, among others.
"This is a public interest litigation brought to vindicate the rule of law and to uphold the Federal Constitution," the plaintiff stated in the suit.
Article 150 deals with the power of the Agong to issue a proclamation of emergency when there is a situation where the security, economic life or public order in the federation, or any part thereof, is threatened, among others.
The plaintiff is also seeking for the court to determine the validity of an amendment to Article 150, which inserted clauses, among others, that bar the court from hearing legal actions in relation to the issue of a proclamation of emergency.

Among the amendments is the insertion of Article 150(8), which states that no court shall have jurisdiction to entertain or determine any application, question, or proceeding, in whatever form, on any ground, regarding the validity of the proclamation of emergency. - Mkini

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