Emergency: Bersih, M'sian Bar fail to refer constitutional questions to Apex court

KUALA LUMPUR - The High Court here today dismissed an application by Bersih 2.0 and the Malaysian Bar to refer constitutional questions concerning the validity of an emergency proclamation made in 2020 that ran until August last year, to the Federal Court.

Judge Datuk Ahmad Kamal Md Shahid in his decision via email, said those questions for determination could be answered by the High Court.

"I am of the considered opinion that the subject matter of this application is not within the exclusive jurisdiction of the Federal Court.

"The jurisdiction to determine the constitutional questions lies within the High Court,” he said and dismissed the application with no order as to costs.

Bersih 2.0 counsel Edmund Bon Tai Soon when contacted confirmed that the court rejected both applications made by the election watchdog and the Bar.

The 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 while Bersih had posed seven questions on the matter.

The emergency proclamation was effective from Jan 12, 2021 until Aug 1, 2021 to curb the spread of the Covid-19 pandemic, which began globally in early 2020.

In their legal actions, Bersih 2.0 and the Bar named former prime minister Tan Sri Muhyiddin Yassin and the government as respondents.