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KUALA LUMPUR: The courts do not have jurisdiction to consider any challenge against the proclamation of an emergency by the King, according to lead attorney Mohamed Haniff Khatri Abdulla.
He said that the Federal Constitution expressly establishes that no court shall have jurisdiction to consider or determine any request regarding the validity of an emergency proclamation.
Haniff said an appropriate challenge should be the advice given by Prime Minister to Yang di-Pertuan Agong, rather than questioning the validity of the state of emergency.
However, he added: “Even if you challenge the advice, the court will say that if we consider it, we are indirectly considering a challenge to the emergency proclamation. It is not a clear situation, since there is still no jurisprudence ”.
Opposition politicians have recently said they would seek to mount a challenge in court.
An academic from the Universiti Teknologi Mara (UiTM), Professor Shamrahayu Abdul Aziz, said that the proclamation was made based on the King’s assessment and therefore there was no reason to allow any application to challenge the validity of the proclamation. .
“Some lawyers may argue that there is bad faith, I don’t think this is a solid foundation because the (constitutional) provision says that, for whatever reason, no one can question the emergency proclamation,” Shamrahayu said.
The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, proclaimed a state of emergency from January 12 to August 1, as a proactive measure to contain the worsening of the Covid-19 pandemic in Malaysia.
