KUALA LUMPUR: Dr Mahathir Mohamad was among eight individuals and two rights groups who were today allowed to become interveners in a lawyer’s suit on whether the Yang di-Pertuan Agong’s decision to refuse an emergency proclamation as advised by the prime minister is unconstitutional.
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Muhammad Rafique Rashid Ali, who represented Mahathir (Langkawi MP), his son Mukhriz (Jerlun MP), Amiruddin Hamzah (Kubang Pasu MP), Shahruddin Md Salleh (Sri Gading MP) and senator Marzuki Yahya, said High Court Judge Mariana Yahya ruled they could be made interveners as they had legitimate interest.
Mohamed Haniff Khatri Abdulla represented the Association of Muslim Lawyers, lawyers Mohd Khairul Azam Abdul Aziz and Malcolm Fernandez.
Nazirah Abdul Ghani, also a lawyer, was represented by Reza Hassan while K Shanmuga appeared for Centre for a Better Tomorrow.
Senior Federal Counsel S Narkunavathy represented the government, the first defendant in the suit.
Rafique said Mariana had fixed a case management on March 16 to determine the status of the government’s application to strike out the suit filed by Syed Iskandar Syed Jaafar al-Mahdzar on Oct 30.
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“She also wants to hear the position of all defendants to have the matter transmitted to the Federal Court under Section 84 of the Courts of Judicature Act,” he told FMT after a virtual hearing before Mariana.
Syed Iskandar, represented by R Kengadharan, posed two legal questions in his legal action:
Whether on a true construction of Articles 40 and 150 of the Federal Constitution, the King has an unfettered discretion not to declare an emergency despite the advice of the prime minister or the Cabinet; and
Whether an amendment to Article 150, by adding clauses (8) and (9), breached the basic structure of the Constitution.
The lawyer said he believed the legal questions posed were important to uphold the rule of law and protect the Constitution.
In an affidavit in support of the action, he said the King, in not accepting the advice of Prime Minister Muhyiddin Yassin or his Cabinet, did not perform his function in accordance with Articles 40 and 150.
On Oct 23, Muhyiddin advised the King to issue an emergency proclamation under Article 150 after the Cabinet agreed on the matter at a special meeting.
Two days later, after a special meeting among the Malay Rulers, the King decreed that an emergency proclamation in the entire, or part of the country was not necessary.- FMT