Khairuddin sues Muhyiddin, M’sian govt over legitimacy of emergency proclamation


Former Jasin parliamentary coordinator Datuk Seri Khairuddin Abu Hassan (picture) has filed a suit against Tan Sri Muhyiddin Yassin and the government of Malaysia to challenge the prime minister’s action of advising the Yang di-Pertuan Agong to declare a State of Emergency to contain the COVID-19 pandemic.

Khairuddin, as the plaintiff, filed the suit at the High Court here today, through law firm Messrs Law Practice of Rafique, and named Muhyiddin and the government of Malaysia as the first and second defendants respectively.

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

Muhyiddin on the same day explained that the Cabinet had advised the Yang di-Pertuan Agong to proclaim a State of 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 Yang di-Pertuan Agong 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.

In his originating summons, Khairuddin, among others, wants the court to decide on four legal and constitutional issues over the Emergency proclamation.