High Court Dismisses Legal Challenges Over Muhyiddin’s Advice to Suspend Parliament During 2021 Emergency

KUALA LUMPUR, Sept 4 — The High Court here today dismissed legal actions brought by two lawmakers, the Malaysian Bar, Bersih 2.0, and seven others challenging former Prime Minister Tan Sri Muhyiddin Yassin’s advice to the Yang di-Pertuan Agong to suspend Parliament during the 2021 COVID-19 emergency.

Delivering the decision via Zoom, Judge Datuk Aliza Sulaiman—who has since been elevated to the Court of Appeal—ruled that the court could not grant the declarations sought to invalidate provisions of the Emergency (Essential Powers) Ordinance 2021, particularly Section 14, which led to the suspension of parliamentary sittings.

Judge Aliza noted that the declaratory relief sought was at the court’s discretion and concurred with the government’s argument that the questions raised were academic, given that the emergency ordinances have ceased to operate.

“This court is not persuaded that the declaratory relief sought by the applicants and the plaintiffs should be granted. I am of the opinion that Article 150(3) and Article 150(7) require legal construction in an appropriate live case,” Judge Aliza held, adding that the applications were tied to the past revocation, expiry, and parliamentary treatment of the emergency ordinances.

The court dismissed the judicial review applications and originating summonses with no order as to costs.

The legal challenges were filed separately by Pasir Gudang Member of Parliament Hassan Abdul Karim and Perak state assemblyman Abdul Aziz Bari, alongside originating summonses by the Malaysian Bar, Bersih 2.0, and seven individual plaintiffs. They sought court declarations that the Cabinet’s advice led by Muhyiddin to promulgate Section 14 was unconstitutional, unlawful, and ultra vires.

Counsel Datuk Dr Gurdial Singh Nijar, Abdullah Abdul Rahman, and Abraham Au represented the lawmakers and applicants, while Federal Counsel Zulkiefli Sulaiman appeared for the former prime minister and the federal government.

–NMT