Opposition leader Datuk Seri Anwar Ibrahim has filed an application to refer various questions to the Federal Court over his recent High Court application for a judicial review over the government’s advice on the proclamation of Emergency.
His lawyer Ramkarpal Singh said one of the questions to consider was whether the decision to give advice and/or the advice given by the Cabinet, led by the Prime Minister, to the King to suspend Parliament was subjected to ouster clauses in Article 150 of the Federal Constitution.
An ouster clause is a clause included in a piece of legislation by a legislative body to exclude the judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function.
Ramkarpal said other questions were whether the decision to give the advice and/or the advice given by Cabinet was reviewable by the courts and whether Section 39(2) of the Malaysia Act, 1963 (Act 26/1963), Section 15(d) of the Constitutional (Amendment) Act, 1981 (Act 514), Article 150 (6) and (8) of the Federal Constitution were inconsistent and/or in contravention to Articles 4,5, 8 and 121(1) of the Federal Constitution.
Ramkarpal said that the last question was whether the inherent jurisdiction of the courts, including the powers of review in relation to procedure, could be completely inhibited/ousted by the legislature.
“I am of the view that 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,” said Ramkarpal in a statement on Monday (Feb 8).
On Jan 12, the King had issued a decree for an Emergency until Aug 1 or earlier if the number of Covid-19 cases could be effectively cut down and controlled.
On Jan 25, Anwar filed an application for leave to initiate judicial review to challenge the government’s decision in advising the King to declare an Emergency proclamation. – The Star