DATO' SERI ANWAR IBRAHIM v. TAN SRI DATO' MUHYIDDIN MD YASSIN (PERDANA MENTERI MALAYSIA) & ANOR

[2021] 4 MLRH 625
High Court Malaya, Kuala Lumpur
Mariana Yahya J
[Judicial Review Application No: WA-25-31-01-2021]
Mariana Yahya J

JUDGMENT

Mariana Yahya J:

Introduction

[1] The applicant on 25 January 2021 filed an application for leave to commence judicial review proceedings pursuant to O 53 of the Rules of Court 2012 ("ROC 2012").

[2] The applicant seeks inter alia the following reliefs:

a. A declaration that the decision of the Cabinet, which was led by the Prime Minister of Malaysia, Tan Sri Dato' Muhyiddin Mohd Yassin to advise the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah to promulgate s 14 of the Emergency (Essential Powers) Ordinance 2021 which has resulted in the prorogation and/or suspension of Parliament is unlawful, unconstitutional and therefore null and void and of no effect;

b. A declaration that the advice given by the Cabinet, led by the 1st respondent, Tan Sri Dato' Muhyiddin Mohd Yassin to the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah to promulgate s 14 Emergency (Essential Powers) Ordinance 2021 which has resulted in the prorogation and/or suspension of Parliament was ultra vires his/their constitutional and/or statutory and/or express and/or implied duty as the Prime Minister of Malaysia and/or his Cabinet;

c. A declaration that s 14 Emergency (Essential Powers) Ordinance 2021 is unlawful and therefore null and void and of no effect;

d. A declaration that the prorogation and/or suspension of Parliament as a consequence of s 14 Emergency (Essential Powers) Ordinance 2021 is unlawful and therefore null and void and of no effect;

e. A declaration that art 150(6) of the Federal Constitution is inconsistent with arts 4, 8 and 121 of the Federal Constitution and is as a result, unconstitutional, null and void and of no effect;

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