PUTRAJAYA: Two lawmakers today were allowed to initiate a judicial review of the suspension of Parliament and state legislative assembly sittings during the Emergency in 2021.
Chief Justice Tun Tengku Maimun Tuan Mat who led a five-member Federal Court bench made the decision following the appeals of Pasir Gudang member of Parliament Hassan Abdul Karim and Tebing Tinggi assemblyman Abdul Aziz Bari against the lower court decision today.
The apex court also instructed that the case be sent back to the High Court.
Tengku Maimun when reading the unanimous ruling said both applicants met the requirements to initiate judicial review.
Also sitting were Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, and Federal Court Judges Tan Sri P. Nallini, Datuk Harmindar Singh Dhaliwal, and Datuk Rhodzariah Bujang.
The court also fixed July 31 for the next case management at the High Court.
The duo filed the judicial review application to challenge the former prime minister Tan Sri Muhyiddin Yassin's action of advising the then Yang di-Pertuan Agong to suspend Parliament during the emergency period due to Covid-19 pandemic.
The Kuala Lumpur High Court on March in 2021 rejected the application for permission to initiate the judicial review by Aziz, Datuk Seri Anwar Ibrahim (who was then the opposition leader), former Sungai Petani Member of Parliament Pulai Johari Abdul, and the late Datuk Seri Salahuddin Ayub.
The court dismissed the application on the grounds that the court did not have jurisdiction to hear legal issues related to the Prime Minister's advice to the King regarding the declaration of the Emergency Ordinance.
Meanwhile, Hassan's application, filed separately, was rejected by the Johor Baru High Court in April. On Nov 24, 2021, the Court of Appeal dismissed both appeals.
Anwar and Johari withdrew their appeals, while Salahuddin passed away on July 23 last year.
Both applicants named Muhyiddin and the government as respondents in the judicial review application.
In the lawsuit, they are seeking among others, several court orders, including declarations that Section 14 of the Emergency (Essential Powers) Ordinance 2021, which suspended Parliament sittings during the Emergency as unlawful, unconstitutional, and invalid.
The emergency proclamation was effective across the country from Jan 12, 2021 which also led to the suspension of Parliament until Aug 1.
The then Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, proclaimed an Emergency as a proactive measure to contain the worsening Covid-19 pandemic in Malaysia.
Senior federal counsel Liew Horng Bin represented the government while lawyer Datuk Dr Guardial Singh Nijar appeared for Hassan and Aziz.