KUALA LUMPUR ): The hearing of PKR lawmaker Hassan Karim’s leave application to initiate judicial review proceedings to challenge the suspension of Parliament did not proceed at the Johor Bahru High Court on Monday (Feb, 8), after the Attorney-General’s Chambers (AGC) applied to transfer the hearing to Kuala Lumpur.
This was supposed to be the first leave hearing after several individuals filed legal challenges against the decision to suspend Parliament, following the proclamation of Emergency on Jan 11.
Hassan had filed the judicial review at the Johor Bahru court and named Prime Minister Tan Sri Muhyiddin Yassin and the government as respondents. He is seeking several declarations including that Section 14 of the Emergency (Essential Powers) Ordinance 2021 is unconstitutional and inconsistent with Articles 44, 150(3), 150(5) of the Federal Constitution.
He is also wants Section 15 of the ordinance to be declared as unconstitutional and inconsistent with Article 71 of the constitution.
Sections 14 and Sections 15 relate to Parliament and state legislative assembly seatings, which have been suspended until Aug 1.
A statement issued by Hassan’s legal team led by Datuk Prof Gurdial Singh Nijar said the Pasir Gudang MP filed the application for leave on Jan 27, with a certificate of urgency.
“The said application was to be heard on an ex-parte basis today. The cause papers were lodged with the AGC in accordance with the applicable procedure. However, the AGC’s role at this stage is limited, as they do not represent any party.
“However, the AGC filed an application to transfer this matter to the Kuala Lumpur High Court and be heard together with two other judicial review applications fixed on Wednesday (Feb 10) and Thursday (Feb 11),” the statement said.
The legal team objected to the transfer bid on the basis that the AGC had no standing or right to make such an application at this juncture for leave.
Judicial Commissioner Evrol Mariotte Peters ruled that the application to transfer would be heard on Feb 18, while today’s leave hearing is vacated.
Senior federal counsel Suzana Atan appeared for the AGC, while counsel Steven Thiru held a watching brief for the Malaysian Bar.
Besides Hassan, Opposition Leader Datuk Seri Anwar Ibrahim, Parti Amanah Negara deputy president and Pulai MP Datuk Seri Salahuddin Ayub, PKR’s Sungai Petani MP Datuk Johari Abdul, DAP assemblyman for Tebing Tinggi Dr Abdul Aziz Bari, and staunch Tun Dr Mahathir Mohamad supporter Datuk Seri Khairuddin Abu Hassan, have also initiated legal challenges against the suspension of Parliament.
By : Hafiz Yatim – THE EDGE MARKETS