KUALA LUMPUR (March 11): The High Court here today has dismissed the application for leave by three opposition lawmakers to commence judicial review proceedings on the emergency proclamation that has suspended the Parliament and state legislative assembly sittings. 

The three opposition representatives — Amanah deputy president Datuk Seri Salahuddin Ayub, PKR chief whip Datuk Johari Abdul, and Perak opposition leader and DAP assemblyman Dr Abdul Aziz Bari — filed the challenge in January to institute a judicial review of the validity of Sections 11, 14 and 15 of the Emergency (Essential Powers) Ordinance 2021 which they want the court to declare as unconstitutional.

In reading his judgment today, High Court judge Justice Datuk Ahmad Kamal Md Shahid pointed out that Article 150(8) of the Federal Constitution has "shut the court's doors from any challenge or application be made against the proclamation (of emergency) and the ordinances enacted under the emergency law". 

Article 150(8) of the Federal Constitution states that the decision by the Yang di-Pertuan Agong to declare emergency shall be final and conclusive and shall not be challenged or called in question in any court on any ground. 

"All in all, it is my considered opinion that the applicants have failed to cross the hurdle of the judicial review test...It is clear that there is no arguable case for the applicants. Therefore, this application for leave is frivolous. 

"In light of the above, the application for leave to commence judicial review proceedings is dismissed with no order as to costs," Justice Ahmad Kamal said. 

During submission earlier, the three opposition lawmakers, who were represented by Datuk Dr Gurdial Singh Nijar and Christopher Leong, argued that leave should be granted as the application deals with crucial constitutional issues of national significance.

The Attorney General's Chambers of Malaysia, which is representing respondents Prime Minister Tan Sri Muhyiddin Yassin and the Government of Malaysia in the case, objected to the leave application because the applicants did not have a case that could be argued to enable the court to grant permission for the judicial review.

Besides the application by the three opposition representatives, opposition leader Datuk Seri Anwar Ibrahim has also filed a separate application to challenge the suspension of Parliament as well. 

The matter was heard last Thursday (March 4) before High Court Judge Datuk Seri Mariana Yahya, who had then ordered the parties involved to submit further written submissions by today. 

The decision for Anwar’s application will be delivered by the judge on April 22.