Emergency proclamation case transferred to new judge

KUALA LUMPUR (Nov 18): A lawyer's application to have the court interpret the Yang di-Pertuan Agong's discretion in deciding whether or not to declare a state of emergency has been transferred to a new High Court judge today.

Dr Syed Iskandar Syed Jaafar, who filed the legal action, also told theedgemarkets.com that he plans to object to applications by parties seeking to intervene in the case.

“The case will now be heard before High Court's Justice Datuk Seri Mariana Yahya. I have instructed my lawyer to file the affidavit in reply to the three intervener's applications who wanted to be parties in the matter,” he said.

The case came up for case management before Justice Mariana today where R Kenghadaran appeared for Syed Iskandar.

The three interveners are lawyer Mohd Khairul Azam and Malcolm Fernandez, along with the Malaysian Muslim Lawyer's Association and the Center for Better Tomorrow.

As such, Justice Mariana directed Kenghadaran to reply to the three interveners' application by Dec 18, and for parties to respond to Syed Iskandar's affidavit by Jan 18.

“She fixed Feb 16 next year to hear the intervener application,” said the plaintiff.

It was reported on Nov 13 that the High Court had ordered the transfer of the case from its Civil division to the Appellate and Special Powers division.

Datuk M Reza Hassan, who is counsel for Khairul Azam and Fernandez, confirmed the hearing date for the intervener application when contacted.

It was reported that Syed Iskandar, who had filed the originating summons last Oct 30, had posed two questions of law to be determined by the court namely:

1. 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;
2. 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).

In a press statement to the filing, Syed Iskandar said his purpose for filing the action is to ensure that anyone who becomes prime minister will not face problems while dealing with those who are supposed to guard the Constitution when bills are sent for Royal assent.

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