After the High Court refused to grant him leave to challenge the action of former Prime Minister Tan Sri Muhyiddin Yassin in advising the Yang di-Pertuan Agong to suspend Parliament during the emergency period, Datuk Seri Anwar Ibrahim filed an appeal with the Court of Appeal, which was set to be heard on September 28.
It has been confirmed by his lawyer, Sangeet Kaur Deo, that the appeal hearing will take place on that day.
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The appeal was scheduled for case management in the presence of Wan Nor Aklima Wan Salleh, deputy registrar of the Court of Appeals.
On April 22, the High Court rejected the Opposition leader’s plea for permission to institute a judicial review challenging Muhyiddin’s recommendation to Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to halt Parliament sittings under the state of emergency.
Anwar’s plea for judicial review had been rejected by then High Court judge Datuk Seri Mariana Yahya (now a Court of Appeal judge) on the grounds that the court lacked jurisdiction to consider the case under Articles 150 (6) and 150 (8) of the Federal Constitution.
It was determined that the advice given to Al-Sultan Abdullah by the Cabinet and Muhyiddin to promulgate the Emergency Ordinance was not subject to judicial assessment, as determined by Justice Mariana.
This year on January 25th, Anwar, who is also a Member of Parliament from Port Dickson, submitted an application for permission to start a judicial review, in which he named Muhyiddin and the administration as respondents. In particular, Anwar sought a court declaration that the Cabinet’s recommendation to Al-Sultan Abdullah to promulgate Section 14 of the Emergency (Essential Powers) Ordinance 2021, which resulted in the suspension of Parliament, was unconstitutional, unlawful, without effect, and ultra vires, as well as a declaration that the Cabinet’s recommendation was ultra vires.
