Khairuddin's notice of appeal incompetent, reinstatement suit struck out

PUTRAJAYA: Former Jasin parliamentary constituency coordinator, Datuk Seri Khairuddin Abu Hassan's appeal to reinstate his legal action over Tan Sri Muhyiddin Yassin's decision to advise the Yang di-Pertuan Agong on the emergency proclamation to contain the COVID-19 pandemic was struck out by the Court of Appeal today.

This followed its ruling today that Khairuddin's appeal was incompetent as he failed to serve a notice of appeal to the Attorney-General's Chambers (AGC) within the time period of 30 days from the High Court's order as specified in Rule 6 read with Rule 12 of the Rules of the Court of Appeal 1994.

The three-member panel led by Justice Datuk Hanipah Farikullah, in the unanimous decision, allowed federal counsel M.Kogilambigai's application to strike out the notice of appeal as there was a delay of 17 days of service of the notice of appeal to the AGC.

She also said that Khairuddin did not file any application for time to be extended to regularise the delay in serving the notice of appeal, therefore there were no materials for the court to exercise its discretion to allow the notice of appeal to be served out of the time limit.

Justice Hanipah, who sat with Justices Datuk Hadhariah Syed Ismail and Datuk Nordin Hassan, ordered Khairuddin, who is now Pejuang Kuala Lumpur chief to pay costs of RM5,000. The court proceeding was conducted virtually.

Earlier, Kogilambigai said the notice of appeal was only served on Oct 11, 2021, adding that since the notice of appeal was not served within the time specified, the appeal was rendered incompetent.

Lawyer Muhammad Rafique Rashid Ali, representing Khairuddin, countered that the notice of appeal should not be struck out as the suit was on a constitutional challenge to the position of Muhyiddin as the then Prime Minister, and whether he had the power to advise the Yang di-Pertuan Agong.

He conceded that the notice of appeal was not served within the time period as stipulated in the Rules and that there was also no application made to extend the time to regularise the delay of service of the notice of appeal.

He, however, said there was no prejudice caused to the AGC as a result of serving the notice of appeal out of the time limit.

On Aug 24, last year, the High Court in Kuala Lumpur allowed Muhyiddin and the government's application to strike out Khairuddin's lawsuit.

Khairuddin filed the lawsuit by way of an originating summons on Jan 18, last year asking the court to decide on four constitutional questions over the emergency proclamation.

Among others, Khairuddin wanted the court to decide on whether a prime minister who had lost the confidence of the majority of the members of the Dewan Rakyat, advising the King to declare an emergency was unlawful and unconstitutional.

Muhyiddin and the government then applied on Feb 17, last year to strike out Khairuddin's suit on grounds that the suit was scandalous, frivolous and vexatious and an abuse of the court process.

On June 23, last year, the High Court also dismissed Khairuddin's application to refer the four constitutional questions to the Federal Court on the declaration of emergency.

-- BERNAMA