High Court Set to Rule on Parliament Suspension Challenge from 2021

The High Court has slated April 29 for a decision on a judicial review initiated by two lawmakers contesting former Prime Minister Tan Sri Muhyiddin Yassin’s advice to the Yang di-Pertuan Agong regarding the suspension of Parliament amidst the COVID-19 emergency in 2021.

Judge Datuk Aliza Sulaiman set the same date to review two originating summons filed by the Malaysian Bar, Bersih 2.0, and others, which challenge the legitimacy of the emergency declaration.

Previously, the Federal Court allowed Pasir Gudang MP Hassan Karim and Perak state assemblyman Abdul Aziz Bari to move forward with the judicial review, sending the case back to the High Court for a detailed examination.

Counsel Datuk Dr Gurdial Singh Nijar, representing the lawmakers, argues that Sections 11, 14, and 15 of the emergency ordinance were unjustified, irrational, and excessive. They assert that the suspension of Parliament and State Legislative Assemblies was unreasonable, particularly as various economic activities, including night markets, continued during the pandemic.

Dr Gurdial highlighted that the government infringed upon crucial constitutional provisions outlined in Article 150(3) and Article 150(5), which mandate that emergency ordinances must be presented to and debated by Parliament. He emphasized that it is Parliament's obligation to assess such ordinances.

Conversely, Senior Federal Counsel Shamsul Bolhassan, representing the former prime minister and the government, contended that the judicial review has become theoretical due to the expiration of the Emergency Ordinance in August 2021. He pointed out that Parliament debated and revoked the ordinance on October 25, 2021, thereby rendering the current legal challenge irrelevant.

Shamsul noted that any court orders against the former prime minister are no longer attainable since he resigned in August 2021. He concluded that the relief sought by the applicants has effectively been rendered moot by subsequent developments.

The applicants are pursuing a court declaration deeming the Cabinet’s decision to advise the Yang di-Pertuan Agong to enact Section 14 of the Emergency (Essential Powers) Ordinance 2021, which resulted in the suspension of Parliament, unconstitutional, unlawful, ineffective, and beyond legal authority.