KUALA LUMPUR, Feb 19 — The application by Tan Sri Muhyiddin Yassin and the Government of Malaysia to strike out the originating summons by former Jasin parliamentary coordinator Datuk Seri Khairuddin Abu Hassan against them for their action of advising the Yang di-Pertuan Agong in declaring the COVID-19 emergency will be heard on April 12.
Senior federal counsel Ahmad Hanir Hambaly said the application would be heard before High Court judge Datuk Seri Mariana Yahya.
He was met after the case management today, which was also attended by Khairuddin’s lawyer Muhammad Rafique Rashid Ali.
On Feb 17, Muhyiddin and the Government of Malaysia filed the application to strike out the suit on grounds that it was frivolous, trivial, troublesome and an abuse of the court process.
Solicitor-General Datuk Abdul Razak Musa, in a supporting affidavit filed with the application, said there was no evidence in Khairuddin’s application as the plaintiff, or in his supporting affidavit, that supported his claim that Muhyiddin had lost the confidence of the majority members of the Dewan Rakyat.
He said the plaintiff had also failed to identify the public and private rights or legal interests that had been denied or personal losses suffered following the first defendant’s advice to the King, and the issue or the controversy between the plaintiff and the defendants that requires a decision by the court.
Khairuddin filed the suit on Jan 18, asking the court to decide on four legal and constitutional issues over the emergency proclamation.
On Jan 12, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah proclaimed a COVID-19 Emergency, to be enforced up to Aug 1, as a proactive measure to contain the worsening pandemic in Malaysia.
Muhyiddin on the same day explained that the Cabinet had advised the King to proclaim the emergency under Clause (1) of Article 150 of the Federal Constitution effective Jan 11, 2021, until Aug 1, 2021.
Clause (1) of Article 150 states that if the King is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency, making therein a declaration to that effect.