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KUALA LUMPUR: The Muslim Lawyers Association has submitted an application to be a party in an action by a lawyer seeking legal redress on whether Yang di-Pertuan Agong’s decision not to declare an emergency, as advised by Prime Minister Muhyiddin Yassin , can be challenged in court.
Ridha Abdah Subri, who is the secretary of the association, said that the request for intervener was presented to defend the rule of law and the supremacy of the Federal Constitution.
He said that the legal remedy sought by Syed Iskandar Syed Jaafar al-Mahdzar touched the positions of the King and Parliament enshrined in the constitution.
Abdah, who filed the request today, said that the relief requested by Syed Iskandar also touched on the doctrine of the separation of powers between the legislature, the executive and the judiciary.
“We have a legal interest in this action as some of our members also provide advice to religious councils in various states,” he said.
Abdah said the government, which is the defendant, is likely to support the initial subpoena filed by Syed Iskandar.
He said that Attorney General (AG) Idrus Harun had accompanied Muhyiddin to the royal palace in Pekan on May 23 for the king to declare a state of emergency.
“The Attorney General is in a position of conflict between supporting or challenging the King’s decision,” he said.
He said the association was hoping to become a party to ensure that the natural justice process prospers and to support the King’s decision.
Last week, Syed Iskandar raised two legal questions:
Whether in a true interpretation of Articles 40 and 150 of the Federal Constitution, the King has unlimited discretion not to declare an emergency despite the advice of the Prime Minister or the Cabinet, and;
If an amendment to article 150, by adding clauses (8) and (9), violates the basic structure of the constitution, as regards article 4 (1).
The lawyer said that he also believed that the legal issues raised were important to upholding the rule of law and protecting the constitution.
In an affidavit in support of the action, Syed Iskandar said that the king, by not accepting the advice of the prime minister or his cabinet, did not carry out his function in accordance with articles 40 and 150.
“I also humbly declare that the King’s decision has raised constitutional issues of public importance,” he added.
On October 23, Muhyiddin advised the king to issue an emergency proclamation under article 150 after the cabinet settled the matter in a special meeting.
Two days later, after a special meeting between the Malaysian rulers, the king decreed that an emergency proclamation was not necessary in all or part of the country.
Meanwhile, lawyer R Kengadharan, who is Syed Iskandar’s lawyer, said that the High Court had set the handling of the case for November 13.
