By Hafiz Yatim | The Edge Markets

The Palace of Justice, Putrajaya. It is not known whether the Malaysian Bar has filed a notice of appeal.

Bersih 2.0 and two PKR Members of Parliaments (MPs) have filed a notice of appeal over the High Court’s decision last month denying their application to refer questions of law in relation to an emergency proclamation made in 2020 to the Federal Court.

The lawmakers, Senator Mohd Yusmadi Mohd Yusoff and Hang Tuah Jaya MP Datuk Seri Shamsul Iskandar Mohd Akin, were among the MPs allowed to intervene in the application by Bersih and the Malaysian Bar to refer the questions of law to the Federal Court.

Contacted by, Yusmadi and his solicitor Messrs Surendra Ananth confirmed the filing of the notice of appeal on Tuesday (May 31).

Separately, Bersih’s lawyers Edmund Bon Tai Soon and New Sin Yew confirmed with that they also filed a similar notice of appeal on May 27.

However, it is not known whether the Malaysian Bar has filed a notice of appeal.

On May 18, High Court Justice Datuk Ahmad Kamal Md Shahid dismissed the bid by the Malaysian Bar and Bersih to refer the constitutional questions over the validity of the emergency proclamation made in 2020, which ran until August last year, to the Federal Court.

The court ruled that such questions can be determined by the High Court.

“Having considered the application, I am of the considered opinion that the subject matter of this application is not within the exclusive jurisdiction of the Federal Court. The jurisdiction to determine the constitutional questions lies within the High Court.

“Thus, on whether the application to refer the questions to the Federal Court should be allowed, I would answer in the negative. Based on the aforesaid reason, this application to refer the questions to the Federal Court under section 84 of the Courts of Judicature Act is hereby dismissed with no order as to costs,” Justice Ahmad Kamal said in his brief grounds via email.

Bersih 2.0’s challenge also comprises several non-governmental organisations, including Suara Rakyat Malaysia, the Centre for Independent Journalism, Aliran, the Kuala Lumpur and Selangor Chinese Assembly Hall, the Malaysian Academic Movement, and SAVE Rivers, which want similar relief in the action.