KUALA LUMPUR (Jan 26): Opposition leader Datuk Seri Anwar Ibrahim had yesterday initiated the filing of a judicial review application to seek leave in declaring that Prime Minister (PM) Tan Sri Muhyiddin Yassin's advice to the Yang di-Pertuan Agong to suspend Parliament sitting during the emergency period is unconstitutional and against the law.

The application was filed by virtue of the fact that the Port Dickson member of Parliament is the opposition leader. The filing was done by Messrs Karpal Singh & Co where the PM and the Malaysian government are named as respondents.

Bukit Gelugor MP Ramkarpal Singh, who is also from the firm, said he needs to emphasise that this application is not to challenge the emergency proclamation but the decision by the PM (through his Cabinet to advise the Agong to approve Section 14 of the Emergency (Essential Powers) Ordinance 2021 that suspend Parliament sitting for the duration of the emergency.

“This advice is against the law,” said Ramkarpal.

Meanwhile, in Anwar's affidavit supporting the application, the Port Dickson MP said he believed the prorogation and suspension of Parliament results in a grave and serious denial of its role in guaranteeing transparent debate and ensuring government's accountability.

“The unfounded advice by the Cabinet led by Muhyiddin has resulted in grave transgression upon constitutionality-guaranteed rights and the separation of powers. There is no doubt this (the application) is an issue of public interests and that the PM had given flawed advice to the Agong,” he said in representing his constituency.

“There is no basis for Parliament to be suspended or prorogued as other economic sectors are allowed to operate during the period of the said emergency proclamation,” he added.

Anwar maintained that Muhyiddin's government had lost its simple majority following the withdrawal of support of Machang MP Datuk Ahmad Jazlan Yaakob, Padang Rengas MP Datuk Seri Nazri Aziz and Gua Musang MP Tengku Razaleigh Hamzah, resulting in the Pagoh MP only having the support of 109 members out of 111, the number required for a simple majority.

He added that the advice given by the Cabinet to the Agong to declare an emergency for the first time in October — which was refused by the monarch — was nothing more than a ruse to save Muhyiddin's post as PM and indicated that there already were sufficient measures then and now under the existing law to control the Covid 19 pandemic.

Ramkarpal hopes that an early hearing date would be fixed to hear the application.

It was reported that Anwar had said recently that he will file such an application to ensure the right to a Parliament sitting where he claimed a majority of the elected representatives want such a sitting to be held.