KUALA LUMPUR (March 12): Three opposition elected representatives have filed their notice of appeal after their bid to challenge the emergency proclamation that suspended parliamentary and state legislative assembly sittings was dismissed by the High Court yesterday.
The notice of appeal was filed yesterday itself, according to their lawyer Christopher Leong.
"We have filed an appeal yesterday against the High Court decision because it is a matter of utmost public importance and interests," he said.
Leong appeared with Datuk Dr Gurdial Singh Nijar on behalf of the applicants.
Yesterday, Justice Datuk Ahmad Kamal Shahid dismissed the challenge brought by Pulai member of Parliament Datuk Seri Salahuddin Ayob, Sungai Petani MP, Datuk Johari Abdul and Perak opposition leader and Tebing Tinggi assemblyman Dr Abdul Aziz Bari.
The three questioned the validity of Sections 11, 14 and 15 of the Emergency (Essential Powers) Ordinance 2021, and sought a declaration that they were unconstitutional.
In reading his judgment, Justice Ahmad Kamal pointed out that Article 150(8) of the Federal Constitution has "shut the court's doors from any challenge or application be made against the proclamation (of emergency) and the ordinances enacted under the emergency law".
Article 150(8) of the Federal Constitution states that the decision by the Yang di-Pertuan Agong to declare emergency shall be final and conclusive and shall not be challenged or called in question in any court on any ground.
"All in all, it is my considered opinion that the applicants have failed to cross the hurdle of the judicial review test...It is clear that there is no arguable case for the applicants. Therefore, this application for leave is frivolous.
"In light of the above, the application for leave to commence judicial review proceedings is dismissed with no order as to costs," the judge ruled.
The trio had filed the judicial review in January to challenge the emergency proclamation that since suspend any legislature seating until Aug 1.
Besides the application by the three opposition representatives, opposition leader Datuk Seri Anwar Ibrahim has also filed a separate application to challenge the suspension of Parliament as well and that is pending decision next month, while another federal law maker Pasir Gudang MP Hassan Karim's challenge is fixed for hearing on April 30 in Johor Bahru.
Despite this, the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah has stated that Parliament may convene during the emergency period on a date considered appropriate by the ruler, based on the advice of the prime minister.