THE Kuala Lumpur High Court today dismissed an application by Bersih 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 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, dismissing the application with no order as to costs.

Bersih counsel Edmund Bon, when contacted, confirmed 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 epidemic and the country’s emergency ordinance, while Bersih posed seven questions.

The emergency proclamation was effective from January 12, 2021 until August 1, 2021 to curb the spread of the virus, which began globally in early 2020.

In their legal actions, Bersih and the Bar named former prime minister Muhyiddin Yassin and the government as respondents. – Bernama, May 18, 2022.