Lawyer A Surendra Ananth, who is appearing for a party in the action, said Judge Ahmad Kamal Md Shahid has now fixed another case management on Aug 12.
“This is to give the lawyers for the Bar more time to put further an affidavit and add new questions of law,” he told FMT after a scheduled proceeding today was postponed.
Kamal was to hear the Bar and a coalition of civil societies applications to refer several constitutional questions on the emergency proclamation to the Federal Court.
Surendra Ananth is appearing for Shamsul Iskandar Mohd Akin and Mohd Yusmadi Mohd Yusoff of PKR who have been made interveners.
The government and Prime Minister Muhyiddin Yassin, who are respondents, and three MPs from PAS are opposing the reference application and the suits.
FMT understands the Bar wants to submit additional legal questions after law minister Takiyuddin Hassan informed the Dewan Rakyat that six ordinances promulgated by the Yang di-Pertuan Agong had been “revoked.”
Takiyuddin said the Cabinet would advise the King that the emergency proclamation made on Jan 11 would come to an end on Aug 1 and there would be no extension.
On April 16, the Bar commenced the action as part of its statutory duty to uphold the cause of justice, pursuant to the resolution it adopted at its annual general meeting on March 13.
In its cause papers, the Bar said that in the past, ordinances have resulted in more powers being conferred on the executive at the cost of constitutional safeguards such as parliamentary scrutiny and accountability.
Among the provisions of the Emergency Ordinance (1) that the Bar wants to be declared unconstitutional are Sections 5, 11(a) and (b), 14, 15 and 18, which deals with compensation for assets, executive and legislative power, parliamentary and state legislative sittings, and prevailing law.
The Bar is also seeking declarations that Sections 4 and 24 of Emergency Ordinance No 2 regarding fake news and defence statements, among others, are unconstitutional.
Another declaration sought is that certain provisions of the Federal Constitution, which relate to a proclamation of emergency, are “overbroad and unconstitutional” and inconsistent with the basic structure of the constitution.
In addition, the Bar is seeking a declaration that pursuant to Article 150(3), the prime minister and/or the government of Malaysia are under a constitutional duty to advise the King to summon a meeting of Parliament for the proclamation of emergency.
“The original Article 150 as enacted under the ‘Merdeka constitution’ had built-in safeguards that were taken away in subsequent amendments,” it said.
The NGOs – Bersih 2.0, Suara Rakyat Malaysia (Suaram), Centre for Independent Journalism, Aliran, Kuala Lumpur and Selangor Chinese Assembly Hall, Pergerakan Tenaga Akademik Malaysia, and Save Rivers – are seeking a declaration on the role of Parliament and judiciary during a state of emergency.