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Seven NGOs including Bersih 2.0 file suit on state of emergency

KUALA LUMPUR (Feb 2): Seven BY HAFIZ YATIM of the Federal Constitution that pur- non-governmental organisations (NGOs), theedgemarkets.com portedly ousts the jurisdiction of the including Bersih 2.0, that represent civil courts is unconstitutional (for violating society groups have today filed an origi- Articles 4 and 121 of the Federal Con- nating summons at the High Court here to stitution and/or the basic structure of seek the court’s declaration on the role of the Federal Constitution)? Parliament and judiciary during this state • Whether Article 150(8) of the Federal of emergency that is expected to last un- Constitution, even if valid, prevents the til Aug 1. courts from reviewing the constitution- Besides Bersih representing the NGO ality of an ordinance made under Arti- for free and fair elections, the other NGOs cle 150(2B) that does not comply with, are Suara Rakyat (Suaram), prevents or frustrates the requirements Center for Independent Journalist (CIJ), of Article 150(3) of the Federal Consti- Aliran, the and Selan- tution (which require the proclamation/ gor Chinese Assembly Hall (KLSCAH), ordinance to be laid before Parliament)? Pergerakan Tenaga Akademik Malaysia (Gerak) and Save Rivers. Fann added the suspension of Parlia- The application was filed by Messrs ment is an extremely drastic measure. AmerBon Advocates and named the Prime “This emergency overreaches the con- Minister (PM) Tan Sri stitution and is disproportionate. As citizens and the government as defendants. and public-spirited, interest groups fighting Lawyer Edmund Bon from AmerBon for reform, the suspension of Parliament af- said the originating summons was a land- before Parliament first,” it said in the joint fects our work greatly as we are unable to mark suit as for the first time, civil society statement. access and seek recourse during parliamen- groups had gathered to sue the government In particular, he added that they are tary sittings on matters of concern. on the emergency proclamation. seeking declarations on whether the Emer- “We believe the rule of law should be Bon explained that they are not chal- gency (Essential Powers) Ordinance; or preserved and the spirit of the Federal lenging the Yang di-Pertuan Agong’s pre- Section 14 of the Ordinance, which sus- Constitution is adhered to, where there rogative in the proclamation of emergency. pends Parliament; and Article 150(8) of is a clear separation of powers between the “We are seeking declarations that re- the Constitution, which oust the jurisdic- executive, legislature and judiciary, and quire the judiciary to interpret Article 150 tion of the courts, are unconstitutional. that no one branch of government should of the Federal Constitution and to give its subjugate the others,” he said, adding the opinion. We are not challenging the powers Four questions of law posed loss of checks and balances in the nation’s conferred on the Agong to call for an emer- He said in making the filing at the KL parliamentary democracy would have long- gency on the advice of the PM,” he said. court today, four questions of law are posed term irrevocable impact. A press conference was held online this for determination namely: This, Fann warned, could ruin Malay- afternoon, to announce the filing of the • Given that both Houses of Parliament sia, as an unchecked government could suit, where Bersih chairman Thomas Fann had not been dissolved but only stood ad- turn draconian and kleptocratic. said they filed this public interest suit to journed at the relevant times, whether the “We believe the government already has seek court declarations on issues related Proclamation of Emergency issued on Jan enough powers to handle the Covid-19 to the Emergency (Essential Powers) Or- 11, 2021 promulgated on Jan 14, 2021 had crisis and they do not need to resort to dinance 2021. to be laid before both Houses of Parliament suspending Parliament through the Emer- “We are concerned that the proclama- pursuant to Article 150(3) of the Federal gency Ordinance,” he added. tion of emergency and the Emergency Constitution? The NGOs are the latest group to seek Ordinance has resulted in both Houses • Whether section 14 of the Emergency answers concerning the state of emergen- of Parliament being unable to fulfil their (Essential Powers) Ordinance 2021 re- cy that was announced by Muhyiddin last constitutional role of debating and voting lating to the suspension of Parliament is month. on the Emergency Ordinance. valid insofar as it prevents or frustrates The others included opposition leader “We are also concerned that the main the operation of Article 150(3) of the Datuk Seri , Pakatan Hara- effect of the emergency ordinance is the Federal Constitution? pan leaders — Amanah’s deputy president suspension of the Parliament while it is • (Section 14 purports to, inter alia, dis- Datuk Seri Salahuddin Ayob (who is also business as usual for both the government, able the operation of the provisions of Pulai MP), Datuk Johari Abdul (Sungai judiciary and private sectors, subject to the Federal Constitution relating to the Petani-PKR) and Professor Dr Abdul Aziz the restrictions imposed under the ongo- summoning, prorogation and dissolu- Bari (Tebing Tinggi assemblyman-DAP), ing Movement Control Order (MCO). We tion of Parliament and to cancel any and Datuk Seri Khairuddin Abu Hassan, would like the courts to declare if they have meeting of Parliament that had been who is a stalwart supporter of Tun Dr Ma- the power to review any attempt that cir- summoned but not yet held.) hathir Mohamad. cumvents constitutional provisions which • Whether the 1981 constitutional The final one is lawyer Dr Syed Iskan- require these instruments to be brought amendment that added Article 150(8) dar Syed Jaafar.