Court fixes April 12 to hear application by Attorney-General’s Chambers to strike out Khairuddin’s lawsuit against Muhyiddin

Datuk Seri Khairuddin Abu Hassan. Source (pic): TTF Files

محكمه تتڤكن 12 اڤريل اونتوق دڠر ڤرموهونن جابتن ڤڬوام نڬارا بطل سامن خير الدين ترهادڤ محي الدين

The Kuala Lumpur High Court fixed the 12th of April 2021 to hear an application by the Attorney-General’s Chambers (AGC) to strike out a lawsuit against Prime Minister Tan Sri Muhyiddin Yassin and the Government of Malaysia (GoM).

The date was fixed yesterday during Case Management of Datuk Seri Khairuddin Abu Hassan’s suit challenging Muhyiddin’s advice to the Yang di-Pertuan Agong to declare a state of Emergency.

During case management yesterday, held before Justice Mariana Yahya, Khairuddin’s lawyer pointed out that an application had been filed to refer the legal questions posed in the originating summons to the Federal Court.

Accordingly, the application was filed yesterday pursuant to Section 84 of the Court of Judicature Act 1964 for the questions of fundamental constitutional importance to be answered first by the Federal Court.


PETALING JAYA: The Kuala Lumpur High Court fixed the 12th of April 2021 to hear an application by the Attorney-General’s Chambers (AGC) to strike out a lawsuit against Prime Minister Tan Sri Muhyiddin Yassin and the Government of Malaysia (GoM).

The date was fixed yesterday during Case Management of Datuk Seri Khairuddin Abu Hassan’s suit challenging Muhyiddin’s advice to the Yang di-Pertuan Agong to declare a state of Emergency.




In the suit, filed on the 18th of January 2021 by way of originating summons, Khairuddin posed legal questions to be answered by the courts on whether Muhyiddin, who he claimed had lost majority support in the Dewan Rakyat, could still advise Sultan Abdullah Sultan Ahmad Shah to proclaim a state of Emergency in the country.

In its application, the AGC contended that Khairuddin had failed to state positively as a fact the loss of majority support for Muhyiddin.

The AGC further claimed that the originating summons filed by Khairuddin was an indirect attempt to circumvent Art 150(8) of the Federal Constitution of Malaysia and an abuse of the court process.

During case management yesterday, held before Justice Mariana Yahya, Khairuddin’s lawyer pointed out that an application had been filed to refer the legal questions posed in the originating summons to the Federal Court.

Accordingly, the application was filed yesterday pursuant to Section 84 of the Court of Judicature Act 1964 for the questions of fundamental constitutional importance to be answered first by the Federal Court.

Khairuddin was represented by Nur Mustanir Md Nor of Law Practice Of Rafique, while the AGC, acting for Muhyiddin and the GoM, was represented by Ahmad Hanir bin Hambaly.

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