 His argument was that the state of emergency in 1969 had long ceased to exist, rendering the Proclamation of Emergency irrelevant and of no effect — and thereby rendering ESCAR null and void.The judges of the Federal Court who heard the case — Lord President of the Federal Court Mohamed Suffian Mohamed Hashim, Federal Justice Wan Sulaiman and Federal Justice Raja Azlan Shah — unanimously held that the question was a "political" and not a judicial one.Lord President Suffian cited as persuasive precedent the decision of Justice Krishna Iyer in the Indian case "Bhutnath v. State of West Bengal", where Iyer stated