Lawyers body makes bid to intervene in legal challenge of Agong’s decision to deny PM’s request for emergency

KUALA LUMPUR (Nov 4): The Malaysian Muslim Lawyers Association has today filed an application to intervene in lawyer Dr Syed Iskandar Syed Jaafar's originating summons against the Malaysian government that seeks to challenge the Yang di-Pertuan Agong’s decision to not declare a state of emergency, despite the advice of the Prime Minister.

The application was filed by Messrs Amelda Fuad Abi & Aidil at the High Court today with an affidavit in support by the association’s secretary-general Ridha Abdah Subri.

According to him, Syed Iskandar had not named the Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, or the Comptroller of the Royal House as defendants and hence, they should not have been named in the application.

Ridha noted that instead, the Malaysian government was named as the defendant, and it includes Prime Minister Tan Sri Muhyiddin Yassin and the Cabinet, who may be parties interested in supporting Syed Iskandar’s challenge.

Moreover, the Malaysian government would be represented by Attorney-General Tan Sri Idrus Harun, who had accompanied the premier to brief the Agong on Oct 23, hence it is a conflict of interest, according to him.

“This matter is of public interest and hence the association should be allowed to intervene,” Ridha added.

The association said it had appointed Mohd Haniff Khatri Abdulla as its counsel and it would defend the Agong's discretion to act according to the Federal Constitution, as stipulated in its Articles 40 and 150.

According to the association, the court has fixed Nov 13 for case management of its application.

It was previously reported that Syed Iskandar filed the originating summons, asking the court if the Agong had such discretion to not declare an emergency.

The lawyer had put forth two questions of constitutional and public importance, namely:

● whether on a true construction of Article 40 and 150 of the Federal Constitution, the Agong has an unfettered discretion not to declare an emergency despite the advice of the prime minister or Cabinet in the contrary;

● whether Act 514 (Occupational Safety and Health Act 1994) which amended Article 150 by adding clauses (8) and (9) is violative of the basic structure of the constitution having regard to Article 4(1).

Besides this, Umno Sungai Besar division chief Datuk Seri Jamal Yunos had earlier this week also filed an application to also intervene in the application.

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