A three-member bench led by Federal Court Judge Nallini Pathmanathan, in a majority 2-1 decision on Monday , allowed the applications by Anwar, Pulai MP Datuk Seri Salahuddin Ayub, Sungai Petani MP Datuk Johari Abdul, Tebing Tinggi assemblyman Abdul Aziz Bari and Pasir Gudang MP Hassan Abdul Karim to obtain leave to appeal against the Court of Appeal decision.
"We are also of the view that the applications are not academic. Therefore, we allowed the applications with costs in the costs,” Nallini said. "It is clear and no ambiguity that states that no court shall have jurisdiction to entertain or determine any application question or proceeding in whatever form on any grounds that in the validity," she said and therefore dismissed the application by the applicants.
Justice Mariana ruled that the advice of the Cabinet and Muhyiddin to Al-Sultan Abdullah to promulgate the Emergency Ordinance was not amenable to judicial review.
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