The High Court will rule in April on a judicial review challenging the suspension of Parliament during Malaysia’s 2021 Covid-19 emergency.
KUALA LUMPUR: The High Court has fixed April 29 for its decision on a judicial review application challenging the suspension of Parliament during the 2021 Covid-19 emergency.
Judge Datuk Aliza Sulaiman set the date for the case brought by Pasir Gudang MP Hassan Karim and Perak assemblyman Abdul Aziz Bari.
The same date was fixed for a decision on separate legal challenges filed by the Malaysian Bar and Bersih 2.0 with seven others regarding the emergency proclamation.
The Federal Court had granted the two lawmakers leave to commence their judicial review last July, remitting the case to the High Court.
Their counsel, Datuk Dr Gurdial Singh Nijar, argued the case raises issues of significant public importance.
He submitted that Sections 11, 14 and 15 of the Emergency Ordinance were “unnecessary, irrational, unreasonable and disproportionate”.
Gurdial contended that suspending Parliament and state assemblies was unreasonable for combating the pandemic.
“There was no basis whatsoever for the Parliament and the State Legislative Assemblies to be suspended, as other economic sectors, including night markets, were allowed to operate,” he said.
He further argued the government breached mandatory constitutional provisions requiring emergency ordinances to be debated in Parliament.
“The requirement is mandatory that it shall be laid before the houses of Parliament, and it is for the Parliament to decide,” he added.
Senior Federal Counsel Shamsul Bolhassan, representing the former prime minister and government, argued the application is now academic.
He noted the Emergency Ordinance expired in August 2021 and Parliament debated and revoked it that October.
“Therefore, the application before this court doesn’t serve any utility,” Shamsul submitted.
He also stated the mandatory orders sought against the prime minister were impossible as Tan Sri Muhyiddin Yassin had resigned in August 2021.
“In short, it is submitted that the relevance of the remedies and reliefs sought by the applicants had been taken over by events,” he said.
The applicants seek a declaration that the Cabinet’s advice to the Yang di-Pertuan Agong to suspend Parliament was unconstitutional and unlawful.
