KUALA LUMPUR (Jan 21): The Malaysian government today filed an application to the High Court to strike out a constitutional challenge seeking the court to interpret the Yang di-Pertuan Agong's discretion in deciding whether or not to declare a state of emergency.
In its application, the government claimed that the lawsuit is “scandalous, frivolous and vexatious”, and an “abuse of the court’s process”.
Solicitor-General Datuk Abdul Razak Musa of the Attorney-General’s Chambers also filed an affidavit in support of the government’s striking-out bid which was sighted by theedgemarkets.com.
The originating summons was filed by lawyer Dr Syed Iskandar Syed Jaafar last year.
It was reported that Syed Iskandar, who had filed the originating summons on Oct 30 last year, had posed two questions of law to be determined by the court, namely:
- whether on a true construction of Article 40 and 150 of the Federal Constitution, the Agong has an unfettered discretion not to declare an emergency despite the advice of the prime minister or Cabinet in the contrary
- whether Act 514 (Occupational Safety and Health Act 1994) which amended Article 150 by adding clauses (8) and (9) is violative of the basic structure of the constitution having regard to Article 4(1).
In a press statement, Syed Iskandar had said he filed the action to ensure that anyone who becomes prime minister will not face problems while dealing with those who are supposed to guard the Constitution when bills are sent for Royal Assent.
Abdul Razak, however, argued today that Syed Iskandar had failed to show that his rights had been violated or suffered any personal loss with the King’s decision not to declare an emergency on Oct 25, 2020.
Abdul Razak said Syed Iskandar’s bid only brings up generalities and is merely academic which, in turn, will waste the court’s time.
He also said Syed Iskandar’s lawsuit is not seeking any relief to be granted by the courts that would be beneficial to anyone.
“The provision of Article 150(8) of the Federal Constitution states clearly and obviously the exclusion of the jurisdiction of this honourable court from entertaining or deciding on any application to dispute or challenge the decision of the Yang di-Pertuan Agong regarding the proclamation of emergency,” he said.
Syed Iskandar said he filed the action to ensure that anyone who becomes prime minister will not face problems while dealing with those who are supposed to guard the Constitution when bills are sent for Royal Assent.