KUALA LUMPUR (Nov 13): A lawyer's originating summons (OS) seeking a court decision over whether the Yang di-Pertuan Agong has unfettered discretion in deciding whether or not to declare an emergency has now been transferred from the High Court's civil division to its appellate and special powers division.
The move was decided by High Court deputy registrar Idamasliza Maarof today.
The plaintiff Dr Syed Iskandar Syed Jaafar told theedgemarkets.com he was informed of the outcome by his lawyer R Kenghadharan.
"We have also received documents on Wednesday and Thursday from the interveners who filed application to intervene," he added.
Counsel Datuk M Reza Hassan, who appeared for interveners and lawyers Mohd Khairul Azam Abdul Aziz, 43 and Malcolm Fernandez, 49, also confirmed the transfer with theedgemarkets.com.
The appellate and special powers division is specifically set up for cases where the plaintiff is seeking declarations and interpretations of the law or constitutional issues.
Besides the pair, the Malaysian Muslim Lawyers Association has also applied to intervene as well as another individual whom the media had not reported, said Syed Iskandar.
However, Sungai Besar Umno division chief Datuk Seri Jamal Yunos, who had initially said he wanted to intervene, has yet to file any application.
It was reported on Oct 30 that Syed Iskandar filed the OS at the High Court through Messrs R Kenghadaran & Co, and named the Malaysian government as the sole defendant.
He put forward two questions of constitutional and public importance, 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 said his purpose for filing the action is to ensure that anyone who becomes prime minister will not face problems when dealing with those who are supposed to guard the Constitution when bills are sent for Royal assent.