KUALA LUMPUR (May 3): The High Court here will hear an application set for July 22 by seven non-governmental organisations (NGOs), including Bersih 2.0, that represent civil society groups which are seeking a declaration on the role of Parliament and judiciary during this state of emergency.
The groups are seeking to refer these questions from the High Court to the Federal Court (the apex court) for the judiciary to interpret Article 150 of the Federal Constitution and to give its opinion.
In particular, they are seeking declarations on whether the Emergency (Essential Powers) Ordinance, or Section 14 of the Ordinance, which suspends Parliament, and Article 150(8) of the Constitution, which ousts the jurisdiction of the courts, are unconstitutional.
Judge Datuk Ahmad Kamal Md Shahid had fixed the date at case management today. Lawyer for the group, New Sin Yew, told the court that they, the Attorney-General’s Chambers (AGC) and five other intervenors have filed their affidavits for the application.
Speaking to reporters after the case management, New said this application can’t be deemed as merely academic.
“What we are seeking today is not only regarding this emergency. We are contending that the 1981 amendments to Article 150(8) are null and void because of the ouster clause that excluded the court’s scrutiny,” he said.
Bersih chairman Thomas Fann said there are 10 questions of law posed for determination from various parties seeking to intervene; however, the four main questions posed for determination are:
The NGO’s include Suara Rakyat Malaysia (Suaram), Center for Independent Journalist (CIJ), Aliran, the Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH), Pergerakan Tenaga Akademik Malaysia (Gerak) and Save Rivers.
The NGOs are the latest group to seek answers concerning the state of emergency that was announced by Prime Minister Tan Sri Muhyiddin Yassin.
The others included opposition leader Datuk Seri Anwar Ibrahim, Pakatan Harapan leaders — Amanah's deputy president Datuk Seri Salahuddin Ayob (who is also Pulai MP), Datuk Johari Abdul (Sungai Petani-PKR) and Professor Dr Abdul Aziz Bari (Tebing Tinggi assemblyman-DAP), and Datuk Seri Khairuddin Abu Hassan, who is a stalwart supporter of Tun Dr Mahathir Mohamad.
The final one is lawyer Dr Syed Iskandar Syed Jaafar.