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KUALA LUMPUR: Legal challenges to Yang di-Pertuan Agong’s decision not to declare a state of emergency should have been immediately dismissed, says Datuk Seri Nazri Aziz.
The parliamentarian from Padang Rengas said this was because Article 150 of the Federal Constitution clearly states that this was the prerogative of Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah and could not be challenged or in court, for no reason.
“No court has the power to decide or consider applications or proceedings on Yang di-Pertuan Agong’s decision.
“The courts should have immediately rejected the requests to dispute the King’s decision rather than remain silent,” he said during his debate on the 2021 budget in Parliament on Wednesday (November 18), “Nazri said.
Nazri noted that Article 150 (1) of the Federal Constitution clearly stated that the king could proclaim a state of emergency if he was convinced that there was a serious emergency.
“The most important word in the proclamation is ‘satisfaction’. If the King is satisfied, then he can ask for an Emergency. Otherwise, he can reject it,” he said.
The former de facto law minister under the former Barisan Nasional administration also said that the federal Constitution is written for ordinary Malaysians, not for legal professionals.
“If it is for legal professionals, then it will be full of legal jargon. But the Constitution is for ordinary people, which means that the words that are used are not complicated and ordinary Malaysians will understand it,” he said.
On October 23, Prime Minister Tan Sri Muhyiddin Yassin requested the proclamation of Emergency under Article 150 (1) and the proclamation of the Emergency Ordinance (Essential Powers 2020) in accordance with Article 150 (2B) of the Constitution. Federal to combat the threat of the Covid-19 pandemic in the country.
On October 25, the Comptroller of the Royal House of Istana Negara, Datuk Ahmad Fadil Shamsuddin, issued a statement that Yang di-Pertuan Agong had decided that it was not necessary to declare a state of emergency in the country.
He said that Sultan Abdullah and the Malaysian rulers had reviewed the proposal to declare a state of emergency and felt that the government had managed to contain the pandemic effectively.
On October 30, a 53-year-old lawyer filed a challenge against Yang di-Pertuan Agong’s decision.
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