PETALING JAYA,Feb 8: Opposition leader Anwar Ibrahim wants to refer several questions to the Federal Court related to the judicial review to challenge the government’s decision to seek an emergency proclamation.
Anwar’s lawyer, Ramkarpal Singh, said the questions Anwar wants referred to the apex court include whether the government’s advice for the King to suspend Parliament was subject to ouster clauses in Article 150 of the Constitution.
He also wants the court to rule whether the decision to suspend Parliament was reviewable by the courts, and if the jurisdiction of the courts, including the powers of review in relation to procedure, could be completely inhibited by the legislature.
Anwar is also asking if Sections 39(2) of the Malaysia Act 1963, 15(d) of the Constitutional (Amendment) Act 1981 as well as Articles 150(6) and (8) of the Constitution are inconsistent or in contravention to Articles 4, 5, 8 and 121(1) of the Constitution.
“I am of the view the questions raised above ought to be decided by the Federal Court and having regard to the urgency of the matter, particularly since Parliament is now suspended, I have also filed a certificate of urgency for the matter to be heard soonest,” Ramkarpal said in a statement.
Anwar, the PKR president and Port Dickson MP, had filed for leave to initiate the judicial review in late January, naming the prime minister and the government.
Ramkarpal had maintained that they were not challenging the proclamation but the prime minister’s decision to advise the King to approve the emergency ordinance that suspends parliamentary sittings.
He claimed that Muhyiddin Yassin’s advice to the King was against the law.