Former Umno member Khairuddin Abu Hassan had made the application.
Lawyer Muhammad Rafique Rashid Ali said deputy registrar Firdaus Sidqi Sharil Azli conveyed the matter today to parties following a directive by High Court Judge Mariana Yahya.
“The judge has directed that the plaintiff’s (Khairuddin) reference application to the Federal Court be disposed of first (on April 12) before the government’s application to strike out the suit is heard,” Firdaus said in a letter sighted by FMT.
However, it is unclear if Mariana will hear the matter as she would have taken her oath of office on April 1 following her elevation to the Court of Appeal.
During a case management on Feb 19, Mariana said she would hear (on April 12) the application by Prime Minister Muhyiddin Yassin and the government to strike out the originating summons by Khairuddin against them for advising the King to proclaim the emergency.
Khairuddin had also filed four questions of law in the High Court for Mariana to refer under Section 84 of the Courts of Judicature Act.
Subsequently, Rafique and the attorney-general’s chambers wrote to the judge on March 9 and 11 respectively but the contents are unknown.
On Feb 17, Muhyiddin and the government filed the application to strike out the suit on grounds that it was frivolous, trivial, troublesome and an abuse of the court process.
Solicitor-General Abdul Razak Musa, in a supporting affidavit filed with the application, said there was no evidence in Khairuddin’s application that supported his claim that Muhyiddin had lost the confidence of the majority in the Dewan Rakyat.
He said the plaintiff had also failed to identify the public and private rights or legal interests that had been denied or personal losses suffered following Muhyiddin’s advice to the King.
Khairuddin filed the suit on Jan 18, asking the court to decide on four legal and constitutional issues over the emergency proclamation.
On Jan 12, the King proclaimed a Covid-19 emergency, to be enforced up to Aug 1, as a proactive measure to contain the worsening pandemic in Malaysia.
Muhyiddin on the same day explained that the Cabinet had advised the King to proclaim the emergency under Clause (1) of Article 150 of the Federal Constitution effective Jan 11, 2021, until Aug 1, 2021.
Clause (1) of Article 150 states that if the King is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a proclamation of emergency.