KUALA LUMPUR: A lawyer has filed a civil suit to challenge the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah's decision not to declare a state of emergency in the country.
Dr Syed Iskandar Syed Jaafar Al-Mahdzar, through Messrs. R. Kengadharan & Co., filed the suit and named the government as the sole defendant at the High Court here, today.
In his originating summons, the plaintiff wants to determine whether Al-Sultan Abdullah has absolute powers not to declare an emergency despite the advice of Prime Minister Tan Sri Muhyiddin Yassin and his Cabinet members.
"I also want the court to determine the validity of an amendment to Article 150 which prevents the court from hearing any legal action related to the issuance of an emergency proclamation.
"The decision made by the King has given rise to questions of constitutional and public importance.
"This is a public interest litigation brought to vindicate the rule of law and to uphold the Federal Constitution," he said.
Article 40 and 150 of the Federal Constitution deals with the King acting on the advice of the Prime Minister, and the proclamation of emergency, respectively.
Among the amendments in Article 150 is an insertion of clause 8, wherein the Agong's decision shall not be challenged or called into question in any court.
Meanwhile, Syed Iskandar, in his supporting affidavit, said the King's decision to decline to act upon the advice of the Prime Minister is inconsistent with Article 40 and 150 of the Federal Constitution.
On Oct 23, Muhyiddin had proposed for a declaration of emergency, which entails the prorogation of Parliament, during his meeting with the King at Istana Abdul Aziz in Indera Mahkota, Kuantan.
However, on Oct 25, the Yang di-Pertuan Agong, in a statement issued by Istana Negara, said he was of the opinion that there is no need to declare a state of emergency in the whole country, or any part of the country.
Comptroller of the Royal Household, Datuk Ahmad Fadil Shamsuddin, said the Yang di-Pertuan Agong is of the view that the government has managed the Covid-19 pandemic – which has entered a third wave in several parts of the country – well and effectively.