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KUALA LUMPUR: A 53-year-old lawyer challenges Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah’s decision not to declare a state of emergency in the country despite the Prime Minister’s advice.
Dr. Syed Iskandar Syed Jaafar submitted the original subpoena through Messrs. R. Kengadharan & Co here on Friday, and named the Government as the sole defendant.
In his initial subpoena, Syed Iskandar wants the court to answer two legal questions of constitutional and public importance, including whether the Yang di-Pertuan Agong has “unlimited discretion” not to declare an emergency despite the advice of the Prime Minister or Cabinet. .
In his supporting affidavit, the plaintiff said that the Prime Minister had advised the Ruler on October 23 to issue an emergency proclamation in accordance with article 150 of the Federal Constitution.
“That advice had been agreed upon by the Federal Cabinet through a special Cabinet meeting.
“Two days later, on October 25, after the Governors’ Conference, Yang di-Pertuan Agong expressed His Majesty’s opinion that an emergency proclamation was not necessary in the country or anywhere in the country.
“This amounts to a rejection of the prime minister’s advice,” he said.
By refusing to act on the advice of the Prime Minister or Cabinet, Syed Iskandar claimed that the Yang di-Pertuan Agong had performed his duties in a manner inconsistent with Articles 40 and 150 of the Federal Constitution.
Article 40 refers to the exercise of the King’s functions under the Constitution, in which he must act with advice, while article 150 refers to the proclamation of the emergency.
“I truly believe that a determination of these issues by this court is important for the vindication of the rule of law and for the purpose of upholding the Constitution,” said Syed Iskandar.
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 Al-Sultan Abdullah and the Malaysian rulers had gone through the proposal to declare a state of emergency and felt that the government had managed to contain the pandemic effectively.
On October 23, Prime Minister Tan Sri Muhyiddin Yassin requested the emergency proclamation 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.
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