KUALA LUMPUR (Feb 4): A stalwart of former prime minister Tun Dr Mahathir Mohamad has filed a judicial review application against Attorney General (AG) Tan Sri Idrus Harun, wanting the court to declare that his move to accompany Prime Minister Tan Sri Muhyiddin Yassin to meet the Yang di-Pertuan Agong on Jan 11 to get an emergency declaration is invalid as the premier did not have a majority.
Datuk Seri Khairuddin Abu Hassan filed the application yesterday evening in the High Court, through the law firm Messrs Haniff Khatri where he named Idrus as the sole respondent.
Prior to this, he had also filed an originating summons on Jan 18, against Muhyiddin to question the legitimacy of the premier's advice to the Agong to declare a state of emergency where the application is fixed for hearing at the High Court on Feb 19.
In Khairuddin's latest law action, he sought leave (permission) for a court declaration that the AG should uphold the rule of law and uphold the Constitution, as stipulated under Article 145(2) of the Federal Constitution in advising the Agong.
He also wanted a declaration that Idrus had failed in his duty on Jan 9 to advice Muhyiddin as the prime minister to meet the Agong to either have him resign as the premier or dissolve the Parliament, and that he does not hold the majority of the house and hence not qualified to advice as the premier as stipulated under the Constitution.
The politician who previously contested in the Jasin parliamentary constituency in 2018, and loss also sought a mandamus order to compel Idrus to advice Muhyiddin to seek an audience with the Agong to resign as the premier and that of his Cabinet members.
'AG failed in his responsibility and function to advice PM'
As the AG, Khairuddin said Idrus is guardian of the Constitution and it is compulsory on him to function based on the highest legal document in the country on the basic structure in running the country under his Majesty's government.
He further claimed that as AG, Idrus had failed in his responsibility and function as entrusted under Article 145(2) to advice the premier and his Cabinet to resign after it lost the majority in the Dewan Rakyat whereas the AG had many opportunities to meet Muhyiddin.
The politician further said that Idrus's failure to carry out his responsibility constituted an unlawful act under the law and is in contrast of the provisions of the Federal Constitution.
In his affidavit in support, the Penang born applicant said the AG under the law is responsible in giving sound advice over the structural governance of the country as stipulatedi in the Constitution and that after Muhyiddin became the premier on March 1, last year, he is required to give sound advice to the Agong as stated under Article 43(2).
“Muhyiddin's government is not as a result of the 14th general election (GE14) but as a political circumstance where his command of majority is in question. Following the death of Datuk Liew Vui Keong (Batu Sapi) and Datuk Hasbullah Osman (Gerik), the house is left with 220 representatives.
“The budget was passed last Dec 15, with 111 votes, but since Datuk Ahmad Jazlan Yaakub (Machang), on Jan 9 withdrew support for the Perikatan Nasional (PN) government, resulting in Muhyiddin to lose majority with 110 seats. I am advised by my solicitors that Muhyiddin had lost the majority support on Jan 9, but he along with Idrus had went to have an audience with the Agong that led to the Emergency Proclamation,” he said.
“I verily believe that Muhyiddin does not have the qualification to seek an audience on Jan 11, and give such advice as he had lost majority support and it was incumbent on him to resign as stipulated under Article 43(4) of the Constitution. The AG as the guardian of the Constitution should have bring this matter to light to the Agong and the steps that should have been taken,” he said in the affidavit.
On Jan 12, former minister Datuk Seri Mohamed Nazri Abdul Aziz (Padang Rengas) also withdrew his support for Muhyiddin, he added that his interests in the matter is the governance of the country, where Malaysians had put their trust on the various public institution what more the AG to uphold in this matter.
“I say that the AG had failed in his duty in this. As a citizen, I am adversely affected by the situation and crave leave (permission) to have this judicial review. I am advised by my solicitors that the AG's actions is unfair and constitute an abuse of power against the basic justice principles and hence the need for the court to grant the mandamus (compel) order sought,” he said.