Court refuses leave to hear Anwar’s legal challenge against PM’s Emergency advice

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The High Court today dismissed PKR president Datuk Seri Anwar Ibrahim’s application for leave to proceed with his lawsuit against the prime minister and the Malaysian government over their alleged unlawful advice to the Yang di-Pertuan Agong to suspend Parliament during the Emergency.

Sangeet Kaur Deo, one of Anwar’s lawyers in the lawsuit, confirmed to Malay Mail that the High Court had dismissed the application for leave for judicial review.

“Leave dismissed,” she told Malay Mail when contacted this afternoon, following court proceedings in chambers conducted online.

The decision was delivered by Datuk Seri Mariana Yahya — who was sitting as a High Court judge when she was presiding over this case, but who has since been elevated on March 19 and sworn in on April 1 as a Court of Appeal judge.

On January 25, Anwar had filed his lawsuit in the High Court in Kuala Lumpur in his capacity as the Opposition Leader in the Dewan Rakyat, naming Tan Sri Muhyiddin Yassin in his capacity as prime minister and the government of Malaysia as the two respondents.

Hari Anggara

In his lawsuit, Anwar had sought 10 declarations and court orders.

The court orders sought by Anwar are ultimately all aimed at cancelling the suspension of Parliament during the Emergency and aimed at enabling Parliament to continue to sit during the Emergency.

Ramkarpal Singh, who is also Anwar’s lawyer in this court case, had previously stressed that the court challenge is not against the Proclamation of Emergency, but against the prime minister’s decision through the Cabinet to give allegedly unlawful and unconstitutional advice to the Yang di-Pertuan Agong to approve an Emergency Ordinance provision that suspends Parliament during the Emergency period. – MMO