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Hearing of judicial review applications by Bersih 2.0, NGOs and Malaysian Bar on emergency proclamation adjourned due to Covid-19

Hearing of judicial review applications by Bersih 2.0, NGOs and Malaysian Bar on emergency proclamation adjourned due to Covid-19
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KUALA LUMPUR (Dec 1): The hearing of judicial review applications, involving constitutional questions on the emergency proclamation, by Bersih 2.0 and six other civil society groups along with the Malaysian Bar in the High Court here on Wednesday (Dec 1) was adjourned due to Covid-19 related reasons.

The High Court was to hear the coalition of civil societies and the Malaysian Bar’s applications to refer several constitutional questions on the validity of the emergency proclamation and the Emergency Ordinance to the Federal Court.

Following the hearing’s adjournment, Justice Datuk Ahmad Kamal Md Shahid fixed Dec 7 for case management to fix new hearing dates.

This was confirmed by lawyer New Sin Yew of Messrs AmerBon Advocates, representing Bersih 2.0, when contacted by theedgemarket.com on Wednesday.

“It (the hearing of the applications) was adjourned, with case management on Dec 7 to fix new dates,” he said.

New added that the hearing was adjourned due to Covid-19. Steven Thiru, the counsel representing the Malaysian Bar, confirmed the same when contacted. Thiru, who is also a former president of the Malaysian Bar, added that a Covid-19 case was found in the court.

Bersih 2.0, via its chairperson Thomas Fann, and the other six groups filed their judicial review application by naming then prime minister Tan Sri Muhyiddin Yassin and the government as respondents.

The six groups are Suara Rakyat Malaysia (Suaram), the Centre for Independent Journalism (CIJ), Aliran, Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH), Pergerakan Tenaga Akademik Malaysia (Gerak) and Save Rivers.

They are seeking a declaration of the role of Parliament and the judiciary during the state of emergency.

Central to the issue or question is whether the Emergency (Essential Powers) Ordinance, or Section 14 of the ordinance, which suspends Parliament, and Article 150(8) of the Constitution, which ousts the jurisdiction of the courts, are unconstitutional.

The Malaysian Bar’s judicial review application, which involves similar constitutional issues, is to be heard together with Bersih 2.0’s application.

Muhyiddin announced the implementation of the emergency proclamation in January, which also led to the suspension of Parliament until Aug 1.

Joyce Goh