King's decision over Emergency proclamation, ordinances can't be challenged in any court, rules High Court

Judge Datuk Ahmad Kamal Md Shahid said this was provided for under Article 150 of the Federal Constitution which among others states that the Yang di-Pertuan Agong’s decision over the proclamation of Emergency shall be final and conclusive and shall not be challenged or called in question in any court on any ground.

"It is reiterated that Article 150 of the Federal Constitution is valid and constitutional. More importantly, Article 150 of the Federal Constitution has shut the court's doors from any challenge or application be made against the proclamation and the ordinances enacted under the Emergency law, ” the judge said.

Justice Ahmad Kamal further said that there was nothing in the Federal Constitution that imposed a legal duty on the first respondent to act in the manner dictated by the applicants. "It is clear that there is no arguable case for the applicants. Therefore, this application for leave is frivolous. In light of the above, the application for leave to commence judicial review proceedings is dismissed with no order as to costs, ” he said.

The Attorney General's Chambers had, on Feb 11, filed an objection to the application on the grounds that the applicants did not have a case that could be argued to enable the court to grant permission for the judicial review.

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