Emergency: Khairuddin fails to refer constitutional questions to Federal Court

The questions were in Khairuddin's origination summons against Tan Sri Muhyiddin Yassin and the government as defendants to challenge the prime minister's decision to advise the Yang di-Pertuan Agong with regard to the proclamation of Emergency to contain the COVID-19 pandemic.

Lawyer Muhammad Rafique Rashid Ali, representing Khairuddin as the plaintiff, when contacted by reporters said Judge Datuk Noorin Badaruddin dismissed the application with no order as to costs after submissions by both parties during online proceedings.

"The court also fixed Aug 24 to hear the defendants application to strike out the originating summons," he said, adding that the virtual proceedings were also participated by Senior Federal Counsel Suzana Atan and S. Narkunavathy.

The four questions, among others, include whether the advice by a prime minister who had lost the confidence of the majority of Dewan Rakyat members to propose an Emergency Proclamation to the Yang Di-Pertuan Agong was unconstitutional and invalid.

Based on a copy of the plaintiff's (Khairuddin) written submission, he among others argued that the four questions pertaining to the constitution require clarification from the Federal Court.

Muhyiddin and the government through their written submissions contended that all courts have the power to interpret the constitution and to determine constitutional issues and that the High Court ought generally to determine such issues at first instance.

On Jan 12, Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah proclaimed a COVID-19 Emergency, to be enforced up to Aug 1, as a proactive measure to contain the worsening pandemic in Malaysia.

Muhyiddin on the same day explained that the Cabinet had advised the King to proclaim the emergency under Clause (1) of Article 150 of the Federal Constitution effective Jan 11, 2021, until Aug 1, 2021.

Clause (1) of Article 150 states that if the King is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency, making therein a declaration to that effect.