The Attorney-General’s Chambers (AGC) argued that Articles 150(6) and (8) of the constitution removed the jurisdiction of the courts on such matters and therefore leave ought not be given.
However, lawyers for Salahuddin Ayub, Johari Abdul and Abdul Aziz Bari have responded that the threshold for leave to begin judicial review proceedings to be granted was very low at this stage.
“Further, the permission to commence judicial review proceedings should not be denied by virtue of any ouster clauses.
”Access to the courts ought not to be denied to the applicants on such a matter of public importance, and the validity of the ouster clauses are subject to scrutiny and determination of the courts,” a statement issued by the lawyers said.
A virtual hearing before Ahmad Kamal Md Shahid was held today and the judge is expected to deliver his decision on March 11.
Lawyers Gurdial Singh Nijar, Christopher Leong and Abdullah Abdul Rahman represented Salahuddin (Pulai MP), Johari (Sungai Petani MP) and Aziz (Tebing Tinggi assemblyman in Perak).
The government lawyers appearing for the AGC were Suzana Atan, S Narkunavathy, Ahmad Hanir Hambaly @ Arwi and Mazlifah Ayob.
Lawyers Steven Thiru, Abdul Rashid Ismail, Gregory Das and Azreen Rastom held a watching brief for the Malaysian Bar.
The three MPs are challenging the constitutionality of Section 11, 14 and 15 of the Emergency Ordinance which came into effect on Jan 11.
The applicants say that it is unconstitutional, against the rule of law, as well as unnecessary and disproportionate to effectively suspend and sideline Parliament and the state legislative assemblies.
They say the provisions do away with executive accountability to Parliament and the assemblies.
Similar legal challenges, which have been filed against the government and Prime Minister Muhyiddin Yassin, are scheduled to be heard in the High Court this month and in March.
Those who have filed the challenges are opposition leader Anwar Ibrahim, Pasir Gudang MP Hassan Abdul Karim, former PPBM leader Khairuddin Abu Hassan and a group of non-governmental organisations.