Grounds for emergency proclamation valid, says ex-judge

(FMT) – The Yang di-Pertuan Agong’s emergency proclamation to tackle the Covid-19 pandemic is constitutional, a retired judge said.

Gopal Sri Ram, however, said anyone who felt the emergency declaration was done for a collateral purpose was free to challenge it in court.

“In my view, the grounds on which the emergency is declared come within Article 150,” he said.

Earlier today, Istana Negara said the Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, had after a meeting with Prime Minister Muhyiddin Yassin consented for the emergency to last until Aug 1, or an earlier date if Covid-19 cases were reduced and stabilised.

Sri Ram said there was a suggestion by some quarters that the emergency was a backdoor attempt to keep the government in power.

“There is no cogent evidence presented thus far to support the allegation,” he said.

In a televised announcement, Muhyiddin said no curfew would be imposed throughout the state of emergency, adding that the federal and state governments would function as usual.

He also said it was not a military coup.

He said there would be no parliamentary or state assembly meetings until a later date set by the King, while the general, state and by-elections also cannot be held during the period.

“The main thing hindering me from advising the Agong to dissolve Parliament and to call for a snap election is the pandemic,” he said.

Aside from the spike in Covid-19 cases, Muhyiddin said the nation has been afflicted by massive floods with states like Pahang, Johor and Kelantan among the worst hit.

He also maintained that the judiciary would continue to function during the emergency.

“The judiciary will continue to be a beacon of justice in our country. I would never interfere in the business of the judiciary,” he said.

Sri Ram said the government would operate through ordinances made under the King’s name.

“During the emergency, the executive makes the law. When the Parliament is convened, then the people’s representatives will govern,” he said, adding that the King could extend the state of emergency beyond six months based on the situation during that period.

He also opined that fundamental rights under the constitution could not be violated as it formed part of the basic structure of the supreme law of the land.