Emergency: PM Muhyiddin, govt apply to strike out Khairuddin's suit

Muhyiddin and the Government, who were named as the first and second defendants in the suit, filed the application through a federal counsel today on the grounds that the suit was frivolous, trivial, troublesome and an abuse of the court process.

Solicitor-General Datuk Abdul Razak Musa, in a supporting affidavit filed with the application, said there was no evidence in Khairuddin’s application as the plaintiff, or in his supporting affidavit, that supported his claim that Muhyiddin had lost the confidence of the majority members of the Dewan Rakyat.

He said the plaintiff had also failed to identify the public and private rights or legal interests that had been denied or personal losses suffered following the first defendant’s advice to the King, and the issue or the controversy between the plaintiff and the defendants that requires a decision by the court.

“I truly believe that the plaintiff’s suit is futile and a waste of the court’s time because it contains only questions without any authentic goal or benefit to any quarters.

“The plaintiff’s suit has no legal merit,” he said in the supporting affidavit.

Khairuddin filed the suit on Jan 18, asking the court to decide on four legal and constitutional issues over the emergency proclamation.

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.

The COVID-19 pandemic in Malaysia has posed a major threat to people’s livelihood.