Anwar drops appeal to challenge Muhyiddin’s advice to Agong to pause Parliament during 2021 pandemic; but Speaker, two Pakatan reps still pursuing court case

KUALA LUMPUR, Dec 21 — Prime Minister Datuk Seri Anwar Ibrahim has withdrawn his appeal to the Federal Court challenging Tan Sri Muhyiddin Yassin’s advice to the Yang di-Pertuan Agong to suspend Parliament and issue an Emergency proclamation at the height of the Covid-19 pandemic in January 2021.

Legal firm Karpal Singh & Co, acting for Anwar, filed a notice of discontinuance on December 14 with lawyer Simranjit Kaur appearing for the PM during the virtual proceeding before the Federal Court’s deputy registrar Suhaila Haron, news Free Malaysia Today reported yesterday.

Senior federal counsel Liew Horng Bin confirmed with the news portal that Anwar had withdrawn his appeal.

But Dewan Rakyat Speaker Tan Sri Johari Abdul, Tebing Tinggi assemblyman Abdul Aziz Bari from DAP and Pasir Gudang MP Hassan Karim from PKR are still pursuing a similar appeal in court to Anwar’s against former prime minister Muhyiddin, another lawyer Christopher Leong told the news portal.

The case management for Johari, Abdul Aziz and Hassan is set on January 8 next year.

Anwar filed a judicial review on January 26 two years ago to challenge Muhyiddin and the latter’s government’s advice to the Agong to declare a nationwide Emergency and to suspend Parliament and all state legislatures.

In his court filing, Anwar claimed the advice was unconstitutional, unlawful and a violation of the Federal Constitution.

But two separate High Courts in Kuala Lumpur and Johor Baru refused to grant Anwar permission, holding the view that the Agong’s discretionary power as provided in the Constitution cannot be subject to judicial review.

The Court of Appeal upheld the two High Courts’ decisions and dismissed Anwar’s appeal on November 24, 2021.

Anwar subsequently made an appeal to the Federal Court and was granted leave to pursue his challenge on May 25, 2022, which he has now dropped.