KUALA LUMPUR (Oct 28): The High Court here on Friday (Oct 28) ruled that the Yang di-Pertuan Agong’s discretion to dissolve Parliament is non-justiciable — that is, it cannot be disputed in the court — and further ruled that caretaker Prime Minister Datuk Ismail Sabri Yaakob need not consult the Cabinet to seek a dissolution.
The decision was made by judge Datuk Ahmad Kamal Md Shahid, who dismissed a leave application for a judicial review of an application made by lawyer Dr Syed Iskandar Syed Jaafar in a bid to halt the 15th general election (GE15) on the grounds of the validity of Ismail Sabri’s request to seek for the dissolution of Parliament. Syed Iskandar is also a voter in Pandan.
“The discretion of the Yang di-Pertuan Agong in deciding to dissolve the assembly is non-justiciable in any proceedings. The Judiciary also cannot enter into the realm of the Executive or Legislature.
“This application is therefore frivolous, as the dissolution of Parliament is the sole discretion of the Yang di-Pertuan Agong. Hence, this application for a judicial review is dismissed,” Ahmad Kamal said.
He made no order as to costs, and disallowed an application for a stay of the decision.
This follows Syed Iskandar’s counsel Datuk Seri Gopal Sri Ram having indicated that he had received instructions to file an appeal, and had prepared the necessary papers to the Court of Appeal and asked for a stay.
This was objected by senior federal counsel Shamsul Bolhassan, who appeared for the Attorney General's Chambers for the Prime Minister’s Department, the Election Commission and the Government, which were the respondents.
Ahmad Kamal is also delivering his decision on another GE15 challenge filed by incumbent Klang Member of Parliament Charles Santiago.
Syed Iskandar filed the judicial review application on Oct 14 where he sought a declaration that Ismail Sabri had acted unreasonably when exercising his power to request the dissolution of Parliament.
Syed Iskandar also wants a declaration that the request by Ismail Sabri on Oct 9 to the Yang di-Pertuan Agong is null and void and of no effect.
Sri Ram had argued last week on whose authority did Ismail Sabri had sought the dissolution of the Parliament, as the Umno vice-president is said to have lost confidence of the house when 12 of his Cabinet ministers had sent a letter to the King earlier to object the dissolution and have elections be called at the end of year during the monsoon season.
However, Ahmad Kamal cited Professor Emeritus Datuk Shad Saleem Faruqi’s book in saying that the prime minister can decide for himself on issues pertaining to budget, foreign policy and the dissolution of the house without the need of support of the Cabinet.
“The prime minister holds the ultimate power and does not need to consult his Cabinet for the dissolution of Parliament. That lies solely in the hands of the prime minister,” he said.
Ahmad Kamal also said that since the Yang di-Pertuan Agong’s discretion in allowing the dissolution is considered non-justiciable and not amenable for judicial review.
Hence, the court further ruled that such application would be doomed to fail and hence the leave application is dismissed.
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