KUALA LUMPUR, 22 SEPTEMBER - The High Court of Malaya has rejected Istana Negara's request for leave to intervene as co-respondent alongside Pasukan Pilihan Raya in the Barisan Rakyat Malaysia v. Pasukan Pilihan Raya proceedings. The decision came after Istana Negara sent both a letter and an application for leave to intervene as co-counsel to Justice Datuk Arthur Thomas Lopez FCJ (more commonly recognised as Justice Lopez or Justice Alex).
The application aimed to directly involve Istana Negara in the fight between the political party and the election organisers. The application was decided in 39 minutes; the fastest time gap between the submission of an application and its decision.
The decision is one of the most crucial decisions in the proceeding as it hindered Istana Negara's ability to directly intervene in the proceedings. Both cases are unprecedented, on account that Istana Negara desired to intervene and the court rejected Istana Negara's request. Its position also presents a polarity of views between the government, the Parliament, and the judiciary.
In the decision, Justice Alex stated that Istana Negara claimed it has a "direct interest in the matter on the basis that they were the party who instructed the [Pasukan Pilihan Raya] on the matter being reviewed". Justice Alex additionally stated that Istana Negara solely wishes to intervene on the interlocutory application "on the basis that it will affect His Majesty's position" if the court grants the order.
Justice Alex rejected the application on the basis that it may delay proceedings. He recognised that the proceedings have been delayed due to numerous applications and the court considering Istana Negara as co-respondent would delay the proceedings further. He also questioned Istana Negara's involvement on a matter which has been decided; regarding the application for discovery by Barisan Rakyat Malaysia.
Additionally, Justice Alex stated that he is "not of the view that Istana Negara being a party of a suit should ever be the case". He rules that the monarchy's involvement in the political arena should be avoided to uphold the monarchy's position as a "neutral party". Justice Alex determined that the decision by Pasukan Pilihan Raya to carry on with the 21st general election "has nothing to do with the position and powers of His Majesty". He asserted further that Istana Negara should "know better" to avoid the political arena, and that it is "outrageous" that Istana Negara implied that "this honourable court would make unconstitutional decisions".
Comments