Khairuddin’s lawyer, Muhammad Rafique Rashid Ali, said Judge Noorin Badaruddin will also hear his client’s application to refer questions of law directly to the Federal Court on the same day.
“This was decided during case management before the judge earlier this week,” the lawyer told FMT.
However, Rafique said Khairuddin was unhappy with the decision because Noorin’s predecessor had decided to hear the striking out application first.
“I have now been instructed to write to Chief Judge of Malaya Azahar Mohamed, which I will do in due course,” Rafique said.
He said Khairuddin wanted the legal questions to be decided “once and for all” by the apex court to serve as guidance to High Court judges and litigants.
Last month, High Court judge Mariana Yahya, who was elevated to the Court of Appeal on April 1, informed parties that she would first hear Khairuddin’s referral application and then the government’s application to strike out the suit.
Khairuddin’s referral application to the Federal Court was scheduled to be heard on April 12.
However, on April 2, senior federal counsel S Narkunavathy sent an email to Noorin’s secretary to have the striking out application heard first.
Khairuddin had, on March 5, filed four questions of law in the High Court for Mariana to refer under Section 84 of the Courts of Judicature Act.
He had earlier filed an originating summons on Jan 18, asking the court to decide on the legal and constitutional issues over the emergency proclamation.
On Feb 17, Muhyiddin and the government filed their 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 to support his claim that Muhyiddin had lost the confidence of the majority in the Dewan Rakyat.
He said Khairuddin 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.
The King had proclaimed an emergency on Jan 12, to be enforced up to Aug 1, as a proactive measure to contain the worsening Covid-19 pandemic.
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 to Aug 1.
That clause 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.
Four other litigants have filed similar suits which are still pending in the High Court while those by Salahuddin Ayub (Pulai MP), Johari Abdul (Sungai Petani MP) and Abdul Aziz Bari (Tebing Tinggi assemblyman in Perak) were dismissed last month.