This is to announce that Dato’ Seri Anwar Ibrahim has filed an application to refer various questions to the Federal Court in relation to his recent application to the High Court for Judicial Review of the Cabinet’s advice led by the Prime Minister to the Yang Di Pertuan Agong to promulgate section 14 of the Emergency (Essential Powers) Ordinance 2021.
The questions posed for the High Court to consider referring to the Federal Court are as follows:
- Whether the decision to give the advice and/or the advice given by Cabinet led by the Prime Minister to the Yang di-Pertuan Agong to suspend Parliament, is subjected to the ouster clauses in Article 150 of the Federal Constitution;
- Whether the decision to give the advice and/or the advice given by Cabinet led by the Prime Minister to the Yang di-Pertuan Agong to suspend Parliament, is reviewable by the Courts;
- Whether section 39(2) of the Malaysia Act, 1963 (Act 26/1963), section 15(d) of the Constitutional (Amendment) Act, 1981 (Act A514), Article 150 (6) and (8) of the Federal Constitution are inconsistent and/or in contravention to Articles 4, 5, 8 and 121(1) of the Federal Constitution;
- Whether the inherent jurisdiction of the Courts, including the powers of review in relation to procedure, can be completely inhibited/ousted, by the Legislature.
I am of the view the questions raised above ought to be decided by the Federal Court and having regard to the urgency of the matter, particularly since Parliament is now suspended, I have also filed a certificate of urgency for the matter to be heard soonest.