KUALA LUMPUR,Jan 26: Opposition leader Anwar Ibrahim has filed for leave to initiate a judicial review to challenge the government’s decision to seek an emergency proclamation.
His lawyer, Ramkarpal Singh, said they filed the application, naming the prime minister and the government, yesterday.
“We would like to stress that we are not challenging the emergency proclamation but the prime minister’s decision to advise the Yang di-Pertuan Agong to approve the emergency ordinance that suspends parliamentary sittings,” Ramkarpal said.
He claimed that Muhyiddin Yassin’s advice to the King was against the law.
Ramkarpal said they hope to get an early date for the leave application hearing from the High Court.
The Emergency Ordinance came into effect from Jan 11 and will last until Aug 1, or earlier if the health situation allows it to be called off.
Section 14(1) of the ordinance says that “as long as the emergency is in force, provisions in the Federal Constitution relating to the summoning, proroguing and dissolution of Parliament shall not have effect”.
It states that the Yang di-Pertuan Agong can call for Parliament to meet on a date he thinks is appropriate.
Last week, former Umno leader Khairuddin Abu Hassan filed a lawsuit against Muhyiddin, claiming that he did not have the legitimacy to advise the King to declare an emergency.
He posed legal questions to be answered by the courts on whether Muhyiddin, whom he claimed had lost his majority support in the Dewan Rakyat, could still advise Sultan Abdullah Sultan Ahmad Shah to proclaim an emergency.
Khairuddin cited that Umno’s Machang MP, Ahmad Jazlan Yaakub, had withdrawn his support for Muhyiddin on Jan 9.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.
“Muhyiddin needs minimum support from 111 MPs to command a majority in the Dewan Rakyat,” he said, adding that both Gerik MP Hasbullah Osman and Batu Sapi MP Liew Vui Keong had died and their seats remain vacant.