After Anwar’s lawsuit, Pakatan lawmakers also sue PM to challenge ‘unconstitutional’ suspension of Parliament, state assemblies during Emergency

January 27, 2021

bb18xjft-jpg — © Provided by Malay Mail Prime Minister Tan Sri Muhyiddin Yassin attends a Perikatan Nasional event at Universiti Malaya, Kuala Lumpur September 1, 2020. ― Picture by Yusof Mat Isa

KUALA LUMPUR, Jan 27 — The number of lawsuits against the prime minister over the suspension of Parliament sittings during the Emergency has continued to grow.

Three lawmakers in Johor, Kedah and Perak from the Opposition coalition Pakatan Harapan (PH) yesterday joined forces to file a court challenge against him over the allegedly unconstitutional move.

This was just a day after Dewan Rakyat Opposition Leader Datuk Seri Anwar Ibrahim filed a lawsuit on Monday against Tan Sri Muhyiddin Yassin in his capacity as prime minister and the Malaysian government to challenge the suspension of Parliament during the Emergency,

The trio’s lawsuit however covers a wider scope. They are also challenging the Muhyiddin government’s suspension of all state legislative bodies during the Emergency, instead of just challenging Parliament’s suspension during the Emergency.

They also want the courts to order the prime minister and the government to present the Emergency declaration and the Emergency law or ordinance in Parliament to be scrutinised by lawmakers.

The court challenge was filed yesterday by Parti Amanah Negara’s Pulai MP and Simpang Jeram state assemblyman Datuk Seri Salahuddin Ayub, PKR’s Sungai Petani MP and Gurun state assemblyman Datuk Johari Abdul, and DAP’s Tebing Tinggi state assemblyman Abdul Aziz Bari.

Like Anwar, they have named Muhyiddin, in his capacity as prime minister, and the Malaysian government as the respondents of their lawsuit.

After filing their application for leave for judicial review at the High Court in Kuala Lumpur, the trio yesterday said that the lawsuit was intended to ask the court to review allegedly unconstitutional provisions in an Emergency law made earlier this month.

The law in question is the Emergency (Essential Powers) Ordinance 2021 which allowed for the suspension of Parliament and state assemblies during the Emergency.

“This application is also to enable the court to review the powers of the prime minister and the Cabinet and mentri besar/chief ministers and state excos which are said to not be able to be held accountable to Parliament/state legislative assemblies,” the trio said in their press statement yesterday.

Their lawsuit was filed through the law firm Chooi & Company + Cheang & Ariff (CCA Law), with the three lawmakers’ legal team including lawyers Datuk Gurdial Singh Nijar and Razlan Hadri.

Although the three lawmakers are from the three political parties that make up PH, Malay Mail understands that their lawsuit was not filed on behalf of the Opposition coalition, but in their individual capacity as federal and state lawmakers.