KUALA LUMPUR: The High Court has fixed Feb 19 for case management of a suit filed by former Umno leader Khairuddin Abu Hassan against Muhyiddin Yassin, claiming the prime minister does not have the legitimacy to advise the Yang di-Pertuan Agong to declare an emergency.
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Khairuddin’s lawyer, Muhammad Rafique Rashid Ali, said the matter would be heard before Judge Mariana Yahya.
“We were informed of the case management date yesterday when the court registry sent us the sealed copies of legal papers filed earlier,” he said.
Rafique said his firm would serve the papers on Muhyiddin and the Attorney-General’s Chambers today.
In his originating summons filed on Jan 18, Khairuddin posed legal questions to be answered by the courts on whether Muhyiddin, who he claimed had lost his majority support in the Dewan Rakyat, could still advise Sultan Abdullah Sultan Ahmad Shah to proclaim an emergency.
Khairuddin, in his affidavit, said that Umno’s Machang MP, Ahmad Jazlan Yaakub, had withdrawn his support for Muhyiddin on Jan 9.
“As a consequence, Muhyiddin only has the support of 110 MPs from the total 220 MPs.
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“Muhyiddin needs a minimum support from 111 MPs to command a majority in the Dewan Rakyat,” he added, stating that both Gerik MP Hasbullah Osman and Batu Sapi MP Liew Vui Keong had died and their seats remained vacant.
On Jan 12, Sultan Abdullah declared a state of emergency until Aug 1 to curb the spread of Covid-19.
Istana Negara said then that the King had met with Muhyiddin on Jan 11. It said Sultan Abdullah had consented for the emergency to last until Aug 1 or an earlier date if Covid-19 cases were reduced and stabilised.
Khairuddin posed legal questions to be determined by the court – whether an advice on emergency proclamation by a prime minister who does not command a majority in the Dewan Rakyat is deemed to be unconstitutional, and whether the suspension of the Dewan Rakyat and Dewan Negara until Aug 1 by a prime minister who does not enjoy majority support is null and void.
“I believe that the prime minister’s action in suspending Parliament was an attempt to circumvent Article 43(4) of the Federal Constitution,” he said.
That provision states that a prime minister who ceases to command the confidence of the majority could request the King to dissolve the Dewan Rakyat, failing which he should tender his resignation and that of his Cabinet.
“This ‘constitutional crisis’ has never happened in our country’s history, where a prime minister who lost his majority support can advise the Yang di-Pertuan Agong for an emergency declaration,” Khairuddin said.- FMT