DAP MP for Puchong Gobind Singh Deo will initiate legal proceedings tomorrow morning to challenge his one-year suspension as Member of Parliament without parliamentary pay and privileges for his outburst against the then Deputy Prime Minister, Datuk Seri Najib Razak over the Mongolian Altantuya Shaariibuu C4 murder case.
The one-year suspension of Gobind Singh Deo on March 16, 2009 was a blatant case of abuse of Barisan Nasional majority in Parliament, subjecting Gobind to double jeopardy with a very harsh second punishment although he had earlier been punished by the Deputy Speaker, Datuk Ronald Kiandee with a one-day suspension.
The right and proper thing would have been to refer Gobind to the Committee of Privileges instead of using the UMNO/BN brute majority to summarily punish Gobind by suspending him as an MP without pay and privileges.
When Parliament should have invoked its powers to deal summarily with violations of parliamentary privileges like the obstruction and menacing by Selangor UMNO Youth goons of DAP MP for Bukit Gelugor Karpal Singh from carrying out his parliamentary duties in the parliamentary precincts on Feb. 26, 2009 when this is very clearly provided for under the Houses of Parliament (Privileges and Powers) Act 1952, the Barisan Nasional-majority Parliament failed to do so.
Up to now, these Selangor UMNO Youth goons have got away scot-free, as none of them has been penalized, although such an offence is punishable with a seven-year jail sentence under Section 124 of the Penal Code.
Although the suspension of Gobind for one year without pay and privileges was a black-lettered day for Parliament, DAP had not earlier considered challenging the gross injustice in court, as we hold to the doctrine of separation of powers among the Executive, Legislature and Judiciary, and in particular Article 63(1) of the Malaysian Constitution which stipulates: “The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court.”
Imagine our shock and outrage, and those of thinking Malaysians, when the Federal Court last Thursday, 16th April 2009 overturned the doctrine of separation of powers and ruled that the Perak Assembly Speaker V Sivakumar does not have the power to suspend usurper Perak Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly.
As former Court of Appeal judge, N.H.Chan had written, this was a “perverse judgment of the Federal Court” because it was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.
If the Federal Court could disregard Article 72(1) on no court interference with State Assembly proceedings, how court Article 63(1) on no court interference with parliamentary proceedings stand?
The Federal Court has created a precedent which would justify the legal challenge of the unjust and oppressive one-year suspension of Gobind as MP without parliamentary pay and privileges.
Or is the Federal Court going to be guilty of selective and discriminatory justice?
#1 by yhsiew on Wednesday, 22 April 2009 - 6:14 pm
Since the Federal Court has opened the floodgates, it is a golden opportunity for Gobind to take the Speaker to court.
From the response of the court, we will see who is in control of the court.
#2 by frankyapp on Wednesday, 22 April 2009 - 6:40 pm
Gobind is now testing the federal judges,like I suggested in this blog the DAP has indeed done a service to the rakyat.Pretty soon we can see the true colors of these judges,hopefully this time,it shows true colors which reflects the rakyat idealism and not the whims and fancies of the judges again in this case. The Perak Siva’s case showed a total bias judgement and blatant disrepect and disregard of the truth as pointed out already by former judge Mr.Chan .But I am still synical of this case particularly the judges whoever they may be are tools of the NR/umno/bn government. Like I use to talk about traps set by hunters who have agenda to crush it’s foes by using whatever it takes.It’s does not sound pretty dangerous anymore as it has been proven.Umno/bn top leaders are now playing and implementing distructive and evil politic to rid all it’s enemies likening to a chinese saying ” cut the grass and rid all its roots as well ” No matter what these evil guys do things for your greed and power for survival,the rakyat will prevail in the end as the good Lord will ensure the good will triumph over the evil.
#3 by Onlooker Politics on Wednesday, 22 April 2009 - 6:47 pm
It is no harm for Gobind to give it a trial but I feel very doubtful that the Federal Court will grant him a winning order in order to nullify the suspension made by the Parliament Speaker.
The Federal Court may just say that in Zambry’s case, Zambry should be granted favourable judgement because the suspension of Zambry by Perak Speaker V Sivakumar was not done in accordance with proper proceedings of the meeting session of the State Legislative Assembly since the approval for convene of State Assembly meeting had never been granted by the Sultan of Perak therefore the Assembly meeting under the tree was illegal and invalid.
However, the Federal Court will have good reason to say that the suspension of Gobind by the Parliament Speaker has been done in accordance with the proper proceedings of the Parliamentary session.
Like the Chinese old saying goes, ‘The Chinese character for the word “officer” or “judge” will carry two mouths in it!’ There will always be available good reason for the judge to find justification for any judgement that is to be dropped in accordance with the personal liking of the judge!
#4 by Onlooker Politics on Wednesday, 22 April 2009 - 7:12 pm
Najib is going to disclose the details on liberalisation of service sector including the Islamic banking sector and the legal law firm service sector to every single qualified individual investor who holds Malaysian citizenship as well as limited number of foreigners. How do you respond to such announcement of Najib?
As for I myself, the first thing appears in my mind upon hearing such a surprised news is the impression of the bad banking investment experience of Singapore’s Temasik Holdings while Temasik Holdings invested in Indonesia during the time of Indonesia’s economic hardship but Temasik Holdings was later forced to dispose off quite a substantial amount of its shareholdings in a commercial bank of Indonesia due to flip-flop government policy of Indonesia after the Indonesian economy has achieved recovery from 1997-1998 currency attack!
Is Najib a trustworthy man who will keep his words?
#5 by All For The Road on Wednesday, 22 April 2009 - 7:56 pm
It will be interesting to see how the Federal Court will rule if MP Gobind Singh Deo institutes legal proceedings against Dewan Rakyat Speaker for his one-year suspension. Since a precedent has been set by the Federal Court that Perak Assembly Speaker Sivakumar has no power to suspend ursurper MB Zambry and his six ex-co members from attending the Perak Assembly, what then will be the outcome of the case? We will all wait and see!
#6 by ReformMalaysia on Wednesday, 22 April 2009 - 7:58 pm
‘Imagine our shock and outrage, and those of thinking Malaysians, when the Federal Court last Thursday, 16th April 2009 overturned the doctrine of separation of powers and ruled that the Perak Assembly Speaker V Sivakumar does not have the power to suspend usurper Perak Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly.”
This is a case where the court has acted outside its parameter of power and is a dangerous move…..
Just see what has happened in Thailand -the people too ‘can’ over-rule the court decision if the judiciary system has lost its credibility and integrity …….And when all this happen, it would not be for any country
#7 by katdog on Wednesday, 22 April 2009 - 8:35 pm
Yes we know the court will rule in favor of BN.
But still it’s fun to see these so called ‘judges’ act like fools with their various ‘judgments’ and make a laughing stock of themselves.
I await their decision with bated breathe.
#8 by alberttye on Wednesday, 22 April 2009 - 8:41 pm
Good move after the federal court intervened in the Perak case.
Let’s see how the federal court rule ? Interesting.
#9 by pwcheng on Wednesday, 22 April 2009 - 9:26 pm
Our Judiciary, Police, Macc and other the Election Commission and also the Mass Media are beholden to UMNO. When some were euphoric about Badawi’s Judiciary reform, my skeptics was never wrong when I wrote in my blog “Will Judiciary and ACA be reformed or remain deformed “on 09/05/2008. (http://www.towardsgoodgovernance.blogspot.com/)
#10 by pwcheng on Wednesday, 22 April 2009 - 9:34 pm
Our Judiciary, Police, Macc, the Election Commission and the Mass Media are beholden to UMNO. When some were euphoric about Badawi’s Judiciary reform, my skeptics was never wrong when I wrote in my blog \Will Judiciary and ACA be reformed or remain deformed \on 09/05/2008. (http://www.towardsgoodgovernance.blogspot.com/)
#11 by frankyapp on Wednesday, 22 April 2009 - 9:44 pm
Sorry guys, your greed should have read “their greed ” Please take note of the mistake. Thanks.
#12 by polarrev on Wednesday, 22 April 2009 - 9:50 pm
The UMNO’s court will not be fair, it will work in favour of the losers from BN.
#13 by yyh on Wednesday, 22 April 2009 - 10:29 pm
kit,
there’s a great article in malaysiakini on decision of the federal court that siva has acted ultra vires.
oops, what do you do when the judges acted ultra vires in deciding sivakumar has acted ultra vires?
dont they look really stupid considering their exalted position in the apex courts? or they are being placed there just because of their name and known inclination to be UMNO partial?
#14 by ringthetill on Wednesday, 22 April 2009 - 10:33 pm
Gobind’s case is a classical case of sheer injustice. If the new PM is sincere in doing things right, he must correct this mistake.
In true democracy we must be able to stand up to criticism.
#15 by raven77 on Thursday, 23 April 2009 - 12:09 am
Good Try….but law and order now does not exist in Malaysia……the police and UMNO control the state……..and history has proven time and again…..especially in Romania….that ultimately the will of its people must prevail to overthrow and outlawed regime………and this unfortunately must come through great personal sacrifices….until three years ago…there was no hope….with PR ….there is hope now…….
#16 by sheriff singh on Thursday, 23 April 2009 - 2:42 am
If the same panel of Federal Court Judges hear Gobind’s case, it will give them the opportunity to either confirm their 16th April 2009 landmark decision or to reverse this erroneous decision and bring everything back to order and normalcy.
Don’t forget. Their decision was UNANIMOUS, which means all 5 decided so with no dissenting judgement.
A new quorum might be more appropriate but the 5 judges who sat were the most senior of the current 12 Federal Court judges.
#17 by yc lee on Thursday, 23 April 2009 - 9:36 am
I fully agree with what Onlooker Politics has said. It is very important to establish whether the facts and circumstances in both cases are identical or not. If there are differences, then chances are the judgement will differ.
#18 by fbelmah on Thursday, 23 April 2009 - 10:14 am
My dear comrade Lim,
At times the Almighty closes the door but opens a window. In like manner the almighty works marvel. He has opened the floodgates for anyone to take legal action against the Speaker. Take the speaker to the court for abuse of power. It is their own doing to please the Barisan Nasional/UMNO that bounced back.
Article 124 has not been invoked on trespassers but Article 72 and other relevant articles have been selectively used on parliamentarians within the House which rightfully should not.
This is a golden time for you to prepare for the next elections. Tell to the Rakyat you will not do the same. That you will uphold the rule of law for everyone. Do not be scared of Tun Mahathir. e joined UMNO not to serve the people but to ensure save path for his progeny. He has already served enough.
We do not trust the panel of judges. Not only this but also the future ones. They have no backbone and they do not read/interpret the law. They please their masters.
#19 by taiking on Thursday, 23 April 2009 - 6:01 pm
This round zaki will put sri ram in the panel so that we can have one dissenting voice in the midst of 4 concurring voices.
#20 by JasonLee on Thursday, 23 April 2009 - 10:36 pm
They’re sick, the name of the medicine is Article 72(1) treat them with this medicine. You did the right thing little lion of Puchong.