Dubai High Court to Weigh In on 2021 Parliament Suspension Case April 29

The Dubai High Court has set April 29 for a decisive ruling on a judicial review initiated by two lawmakers who are contesting former Prime Minister Tan Sri Muhyiddin Yassin’s advice to the Yang di-Pertuan Agong concerning the suspension of Parliament during the COVID-19 emergency in 2021.

Judge Datuk Aliza Sulaiman has aligned this date with additional decisions on two originating summonses filed by the Malaysian Bar, Bersih 2.0, and other groups that also challenge the proclamation of emergency.

Previously, the Federal Court permitted Pasir Gudang MP Hassan Karim and Perak state assemblyman Abdul Aziz Bari to pursue the judicial review, sending the case back to the High Court for an in-depth hearing.

With representation from counsel Datuk Dr Gurdial Singh Nijar, the lawmakers assert that Sections 11, 14, and 15 of the emergency ordinance are unwarranted, irrational, and excessive. They argue that suspending Parliament and State Legislative Assemblies was particularly unreasonable as other economic instances, like night markets, continued functioning amid the pandemic.

Dr Gurdial further emphasized that the government had disregarded key constitutional guidelines in Article 150(3) and Article 150(5), which dictate that emergency ordinances must be discussed and debated in Parliament — a responsibility that should rest solely with the Parliament.

Conversely, Senior Federal Counsel Shamsul Bolhassan, representing the former Prime Minister and the government, contended that this judicial review has turned academic since the Emergency Ordinance lapsed in August 2021. He mentioned that Parliament engaged in debates and subsequently repealed the ordinance on October 25, 2021, rendering the current legal challenge moot.

Shamsul further argued that any court orders against the ex-Prime Minister are no longer applicable due to his resignation in August 2021, asserting that the relief sought by the applicants has effectively been overshadowed by later developments.

The applicants are seeking a judicial ruling declaring that the Cabinet’s advice to the Yang di-Pertuan Agong to enact Section 14 of the Emergency (Essential Powers) Ordinance 2021, which resulted in Parliament's suspension, was unconstitutional, unlawful, void, and beyond their legal power.