Court throws out Khairuddin’s suit against Muhyiddin, govt over emergency declaration

The Kuala Lumpur High Court today allowed the government’s application to strike out former Jasin parliamentary constituency coordinator Khairuddin Abu Hassan’s legal action against former prime minister Muhyiddin Yassin over the emergency proclamation.

The action was taken to challenge Muhyiddin’s decision to advise the Yang di-Pertuan Agong on the proclamation of emergency to contain the Covid-19 pandemic.

Lawyer Muhammad Rafique Rashid Ali, representing Khairuddin as the plaintiff, when contacted by reporters, said judge Noorin Badaruddin made the decision after hearing submissions from the parties in a virtual proceeding.

“The court allowed the government’s application to strike out the whole originating summons filed by my client,” he said, adding that he would take further instruction from Khairuddin on whether to appeal against today’s outcome.

Senior federal counsel S Narkunavathy acted for Muhyiddin and the government as the first and second defendants.

On Feb 17, Muhyiddin and the government filed an application to strike out Khairuddin’s suit on the grounds that it was scandalous, frivolous and vexatious and an abuse of the court process.

Khairuddin filed the suit on Jan 18, asking the court to decide on four legal and constitutional issues regarding the emergency proclamation.

On June 23, the High Court dismissed Khairuddin’s application to refer the four constitutional questions to the Federal Court.

The state of emergency was declared by Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah on Jan 12, to be enforced until Aug 1 as a proactive measure to contain the pandemic in Malaysia.

Muhyiddin on the same day explained that the Cabinet had advised the king to proclaim the emergency under Clause (1) of Article 150 of the Federal Constitution effective Jan 11, 2021 to Aug 1, 2021.

Clause (1) of Article 150 states that if the king 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.