Thursday 28 Mar 2024
By
main news image

KUALA LUMPUR (Nov 5): Two lawyers have filed an application to intervene in Dr Syed Iskandar Syed Jaafar's originating summons (OS) to have the court determine if Yang di-Pertuan Agong has unfettered discretion not to declare an emergency, despite advice from the government to do so.

The two — Mohd Khairul Azam Abdul Aziz, 43, and Malcolm Fernandez, 49 — have filed their application to intervene through Messrs Raja Riza and Associates at the High Court here, with Datuk M Reza Hassan as the counsel.

In an affidavit to support their application, they claim that as law practitioners, they have direct interest in matters that affect the Federal Constitution as highlighted in the application.

According to the affidavit, Mohd Khairul said the OS, which questions Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah's discretion as stipulated under Article 150 of the Federal Constitution, is slightly different from the suit he filed against the Pardon's Board and PKR president Datuk Seri Anwar Ibrahim.

"That legal action against [Datuk Seri] Anwar Ibrahim only quizzes the advice given to the monarch and not his prerogative powers," he said in the affidavit.

Meanwhile, Fernandez said that as a law practitioner, it is also vital for him to intervene to further support Yang di-Pertuan Agong's decision, which was based on the principles of the constitution and rule of law.

"Hence, as the Agong, he is an individual representing the society without considering one's race or religion," he said in his affidavit in support.

It was reported on Oct 30 that Syed Iskandar had filed the OS at the High Court through Messrs R Kenghadaran & Co, naming 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 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 separate media statement, Syed Iskandar said his purpose of filing the action was to ensure that anyone who becomes the prime minister will not face problems when dealing with those who are supposed to guard the Constitution when bills are sent for Royal assent.

The two are the latest to apply to intervene in the legal challenge, after the Malaysian Muslim Lawyers Association and Sungai Besar Umno division chief Datuk Seri Jamal Yunos made similar bids.

Read also:

Edited ByLam Jian Wyn
      Print
      Text Size
      Share