The Malaysian Bar had posed 27 questions of law on the validity of Malaysia’s emergency proclamation caused by the Covid-19 pandemic and the country’s Emergency Ordinance during former Prime Minister Tan Sri Muhyiddin Yassin’s administration.
Justice Abang Iskandar, who delivered the decision, held the Bar did not fulfil the threshold requirement under Section 96 of the Courts of Judicature Act and hence leave could not be granted to them.On May 18, 2022, High Court judge Datuk Ahmad Kamal Md Shahid dismissed the Bar’s application to refer constitutional questions under Section 84 of the Courts of Judicature Act 1964, to the Federal Court.
The High Court judge said he would instead hear and decide on all legal questions posed in both applications himself.The Court of Appeal, in November last year, dismissed the Bar’s appeal, while the appeal by Bersih 2.0 was dismissed in October 2022. Bersih 2.0 did not bring the matter to the Federal Court.
The emergency proclamation was effective from January 12, 2021, until August 1, 2021, to curb the spread of the Covid-19 pandemic, which began globally in early 2020.
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