Kuala Lumpur High Court judge, Justice Mohd Ariff Mohd Yusoff today ruled that it has no jurisdiction to challenge the 12-month suspension of DAP MP for Puchong, Gobind Singh Deo from Parliament, but ordered Parliament to pay Gobind his parliamentary remuneration as it does not have powers to withhold it.
Gobind was suspended for 12 months from Parliament without remuneration in March this year when he linked the then Deputy Prime Minister, Datuk Seri Najib Razak with the murder of Mongolian Altantuya Shaariibuu.
Parliament should repay DAP MP for Bukit Gelugor Karpal Singh and DAP MP for Batu Gajah Fong Po Kuan for illegally withholding their parliamentary remuneration when they were previously suspended from Parliament respectively in 2004 and 2001.
#1 by Onlooker Politics on Thursday, 22 October 2009 - 5:25 pm
Syabas!
By this court judgement, it will mean that the discretionary power of the Parliament Speaker (or Assembly Speaker of a State Legislation Assembly) to suspend a member based on disciplinary reason cannot be challenged in court. However, will the High Court also uphold that Perak Speaker V. Sivakumar has the discretionary power (which cannot be challenged in court) to suspend the Pakatan Rakyat defectors from attending the Assembly meeting because they have already tendered resignation from the post of State Assemblyperson?
The speaker, whether from a Parliament or from a State Assembly, definitely has no power to withhold the remuneration of any elected members for any reason whatsoever because the members were elected by the registered voters and not by the Speaker. The Speaker is not the employer or paymaster of the members of a legislature! This should be a basic principle which all political players should have understood first before they have joined politics!
#2 by rabbit on Thursday, 22 October 2009 - 5:41 pm
hahaha.. dont so naive… if the apple swallow do you think they will vomit out? hahaha
#3 by monsterball on Thursday, 22 October 2009 - 5:51 pm
Under UMNO…every law is twisted and executed with no benefits to all those..whosoever are against the government.
Under UMNO….Lingam is free.
If that was LKS or Anwar…sure go to jail…and strip of being a lawyer.
Lets see how UMNO respond to Dr. Phontrip conclusion…80% Teoh was murdered.
UMNO loves making lives miserable for opposition politicians…where they have absolute power and do as they like.
4 States and one taken away….still no change.
#4 by rabbit on Thursday, 22 October 2009 - 5:54 pm
murder of Mongolian Altantuya Shaariibuu!!!!! tot she still got a son in hkg, why no body dare to take his DNA match with all suspect? if is match to whom DNA then his the 99% suspect in this murder!! just get his DNA from hotel n send to Singapore to run the test..
#5 by rabbit on Thursday, 22 October 2009 - 6:04 pm
hi monster ball, this Lingam is Tun Ma slave. so you should know the result. why case close? hehehe if this lingom jail.. do you think he will let go this Tun Ma? hahaha it just like monkey in KL Zoo lor.. you scratch my back i scratch yours..
#6 by albert308 on Thursday, 22 October 2009 - 6:07 pm
This is about the era of Mahathirism and people make jokes about Malaysia Boleh slogan, in Malaysia ‘apa pun boleh’. 22 years of tyranny rule, rampant abuse of power, ignore rule of law breeds new generation after generation of power crazy BN leaders.
Look at the way Altantuya and Teoh Beng Hock death, 1Malaysian is ready to make the country even more surprises.
The era of Mahathirism continues.
#7 by boh-liao on Thursday, 22 October 2009 - 6:44 pm
Justice Mohd Ariff Mohd Yusoff ordered Parliament to pay Gobind his parliamentary remuneration
LOL, nanti he may be suspended as High Court judge
What abt Toyol, suspended too n Selangor State Assembly paid him ah
#8 by blink4blog on Thursday, 22 October 2009 - 7:04 pm
tomorrow BN will make an appeal in the Appeal Court and the judgment will be otherwise.
#9 by Jeffrey on Thursday, 22 October 2009 - 7:21 pm
Parliament by majority decided in its proceedings to (1) suspend Gobind from partaking in Parliament sessions for the 12 months from March 16 and (2) cut him off from receiving the allowances and benefits provided for all MPs under the law [ie Members of Parliament (Remuneration) Act, 1980].
Take the case of Article 72 (1) of the Federal Constitution which states “the validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.”
Remember when PR Speaker Sivakumar suspended Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly, Federal Court presided by Augustine Paul interpreted Article 72 (1) and said that the Court could interfere to over rule Siva’s decision.
At that time ex judge N H Chan (a favourite of PR supporter) would say the Federal court decision was “gobbledegook”. Chan says that language of Article 72 (1) is plain – courts cannot interfere in legislature’s decision! How can you read something there when its not there? Besides generally courts (Judiciary) should be acutely sensitive not to impinge in jurisdiction and sovereignty of Legislature (whether Parliament or State).
When it comes to BN’s turn to remove and forcibly carry Sivakumar out of the Perak Assembly, and this sacking of Siva was challenged in courts, again the courts took another opposite direction and in line with N H Chan’s reading of Article 72(1) decided that courts could not interfere with proceedings of the legislature! This time NH Chan is silent. His principle of no judicial interference of legislative proceedings by article 72 has now been used against PR!
If one follows NH Chan’s logic/plain reading of article 72(1), then the court here too cannot interfere with Parliament’s proceedings to both suspend Gobind and also cut him off the remuneration!
They (suspension versus cut of allowance) are inseparable as both are pursuant to decisions taken by legislature in its proceedings at same time. But here the Court says that whilst it could not interfere with Parliamentary proceedings to suspend Gobind, it could however interfere with the other of its decision to cut off allowance and hence the court now directs Parliament to reimburse/reinstate allowances! Which of course implies that the court views the decision to cut off Gobind’s allowance as not a parliamentary proceeding at all! Is this plausible or logical? So the Judge is like on one hand not giving reprieve to Gobind for suspension (based on no interference principle) but as consolation prize/compromise, it says “you can still get your allowance” (based on selected interference basis), and Gobind is happy and won’t appeal.
At the end of the day, the issue has always been – in whatever proceedings within the four walls of Parliament or state legislative assembly– can or cannot the Court review/challenge/overrule it if one reads article 72(1) of the Constitution????
We have here an unclear situation. It seems to be sometimes Courts can do so and sometimes they cannot. When it belongs to the first category and when the second, seems to be situational and unclear.
In effects of article 72(1) of the Constitution, people who support one interpretation of either “no interference” or the other allowing “selective interference” appears to be guided purely by benefit to one’s own personal interest or political cause rather than the consistency of principle.
It is like as if there’s no rule of law and consistency of its application. The three cases above each arriving at different results from interpreting article 72(1) show this.
#10 by cseng on Thursday, 22 October 2009 - 9:02 pm
The problem in this country is not the judiciary, not MACC, nor Umno, but Malaysian.
How on earth after so many long of inequality policy, after so many reports of auditor general’s reports year after year, after PKFZ, after TBH, after Mr. Korek-korek-korek, after berak government ……. BN still win the election. What is wrong with Malaysian, how could we so blink, so deaf and so dump! Majority of Malaysian are still very stupid!
#11 by gogo on Thursday, 22 October 2009 - 9:42 pm
Tian Chua sentenced to six months’ jail and a fine of RM3,000,
Lingam correct,correct, correct case has been closed with no further action.
#12 by Onlooker Politics on Thursday, 22 October 2009 - 9:43 pm
Jeffrey,
You may check out article number 64 of the Federal Constitution of Malaysia and see whether the remuneration of the members of Parliament will fall under the jurisdiction of the Parliament Speaker or under the jurisdiction of legislature itself.
“Article 64. Parliament shall by law provide for the remuneration of members of each House.”
Obviously, the Federal Constitution requires that the members of Parliament be paid a remuneration according to law, and not according to the grace or mercy of the Speaker or according to a move of resolution in the Parliament as on the issue of who should deserve the remuneration and who should not deserve the remuneration. If it is a rule of law, each and every member of Parliament must entitle his/her remuneration according to law, unless the law says otherwise.
#13 by Taxidriver on Thursday, 22 October 2009 - 10:09 pm
We can expect a press statement by Najib or Nazri that goes something like this: “Parliament will respect the decision handed down by the Court. Gobind and Fong will receive their remuneration. We in Barisan National may be unhappy with the Court’s ruling. But our Judiciary is independent and is fair to everybody regardless of his or her party affiliations.”
UMNO Baru is always playing the same game over and over again. ( Kutty passed on his skills of this game to the present crop of UMNO Baru leaders ) They like to present themselves to the rakyat as clean, democratic and respectful of the Laws without shame because the rakyat already found out their hypocrisies.
Following that statement, UMNO Baru ( the good old UMNO founded by Hishamudin’s grandfather, Dato Onn Jaffar, was destroyed by Mahathir who set up his own UMNO Baru party ) will expect every Malaysian to also accept whatever decisions that may be made regarding TBH’s case which, I believe will be one of ‘Open Verdict’ as nobody can conclude with 100% certainty whether it is a case of sucide or homicide. SANDIWARA TAMAT
#14 by Jeffrey on Thursday, 22 October 2009 - 10:11 pm
Onlooker Politics, yes article 64 was raised by Gobind but by itself it says nothing. However pursuant to article 64, there was enacted Members of Parliament (Remuneration) Act, 1980 – and thats where one has to look at what it says.
If you check out that Act (on the Net), you’ll find provisions on a range of remuneration for MPs like meeting, entertainment, Daily Subsistence, Food allowances, special payment Hotel Room Charges while on Official Duty etc but there’s really nothing there (in that Act) that sheds light on whether, in a case of suspension from duties, the suspended MP is still so entitled to these, and whether Parliament can decide otherwise. So its pretty much dependent on how the judge wants to interpret this Act in relation to article 72(1), and whether the court could or could not subsequently interfere and decide against Parliament’s earlier decision on this issue…
#15 by Jeffrey on Thursday, 22 October 2009 - 10:20 pm
MPs are very well off – if you’re interested, you can see their remuneration & allowances here –
http://www.parlimen.gov.my/eng-statute235.html
#16 by Onlooker Politics on Thursday, 22 October 2009 - 10:21 pm
Jeffrey,
To me, Members of Parliament (Remuneration) Act, 1980 has to clearly mention that a member of Parliament whom has been suspended from attending the Parliament Proceeding shall not entitle any remuneration during the period of his/her suspension. If the Act does not mention anything about this, then by default the suspended member shall entitle the remuneration! This is the so-called “rule of law” and not the rule of Parliamentary resolution or the rule of Speaker’s personal decision!
#17 by Onlooker Politics on Thursday, 22 October 2009 - 10:34 pm
No matter how attractive the remuneration and allowances which are paid to a member of Malaysia Parliament can be, they will still be a peanut as compared to the handsome remuneration and allowances being paid to a member of Singapore Parliament.
If Jeffrey is touched by the handsome reward which is being enjoyed by a member of Parliament, then he should bravely come out and stand as a candidate for parliamentary election under the Pakatan Rakyat ticket in the next General Election. I believe DAP will not deny such an eloquent and articulate law practitioner as Jeffrey an opportunity to join DAP (if Jeffrey is still a non-member) and to represent DAP for a contest in parliamentary election.
Will Jeffrey give it a serious thought on becoming a contestant in the next General Election?
#18 by GilaPolitic on Thursday, 22 October 2009 - 11:05 pm
If Jeffrey stands for next 13GE, will he stands as a candidate for MCA running dog party controlled by BN Big BULLY to betray the Chinese Communities? Otherwise, he should keep his BIG Bully Mouth Shut Up !!
The remunerations for BN MPs are peanuts because their closed tender commissions, corruptions, money politics and mismanagement of public funds of millions to billions are more than the combined 82 Opposition MPs remunerations for life.
Yes, Agreed with the oldman Dr M said BN govt is corrupted in his interview in HardTalk this year 2009.
A good proof is PKFZ scandal involved BN MPs ‘ big crooks past and present.
What a GREAT SHAME to 1Malaysia BOLEH ?
#19 by Jeffrey on Thursday, 22 October 2009 - 11:18 pm
I thought you’d be the first to agree that “handsome reward which is being enjoyed by a member of Parliament” ought not to be the consideration and incentive to “bravely come out and stand/contest as a candidate for parliamentary election” under whatsoever ticket….
#20 by boh-liao on Thursday, 22 October 2009 - 11:40 pm
Are our MPs n State Assemblymen like their counterparts in the UK
Making lots n lots of claims under the excuse of official duties
Before 308 GE, BN MPs n State Assemblymen used up their entire one-year allocations
Squeezed dry, kaya raya
#21 by Onlooker Politics on Thursday, 22 October 2009 - 11:56 pm
Jeffrey,
I used to listen to a God-fearing Jesus’ follower who claimed that “Jesus himself is sufficient for me and I will follow Jesus no matter hard tough the life situation can be!” He told me this because he was a Youth leader of a Christian Church who tried to preach me Christianity. By that point of time, he was still a PhD student relying on the household expenses on his wife’s income plus adequate subsidy from his well-to-do born father. He was filled with a lot of passion of wanting to preach me the beliefs which are deemed to be the best truth in the world!
However, after several years’ distancing from me due to his being offered a job as an academician in an American University, he refused to see me after several attempts of friendly visit from me. The reason for refusing to meet was because he was too busy with his daytime teaching profession in a Polytechnics Institution now and was also busy with the family’s dinning togetherness and the night tuition of his two kids.
What I am trying to say here is that one will need a great passion to join some group activities such as social work, church work, party politics and participate actively in those activities when the passion is burning in his heart and boiling in his blood. Monetary reward does not really matter much when there is self-sufficiency in the livelihood supply. However, when the passion is gone due to one’s preoccupation and busyness with other worldly matters such as helping the family in home-making, then the group activities will be the last thing he wants to get involved with.
To actively take part in Opposition Politics is no easy task, as Beng Hock’s high risk experience and unfortunate destiny clearly tell us so! If you think that monetary incentive is not important for someone to consider coming out to join politics, then I will have to crack my head again trying to figure out a new reason why such a good man as Lee Lam Thye chose to leave DAP when he was still having a lot of great potential to become the next Secretary-General of DAP.
Frankly speaking, some indecisive voters will expect you to pay for their lunch bills in the coffee shop on the poll day if you are to stand as a contestant in the next parliamentary election.
#22 by assamlaksa on Friday, 23 October 2009 - 12:50 am
Do our MPs deserve good pay for talking nonsense in the parliament such as calling others animals, bodoh, and bocor?
#23 by cemerlang on Friday, 23 October 2009 - 1:02 am
A person gets paid for doing his job. A strong family ensures a healthier country. You have to be in a certain place to know what the actual situation is like. What one sees and says is different from what another sees or says.
#24 by sightseeing on Friday, 23 October 2009 - 1:37 am
//BN still win the election. What is wrong with Malaysian, how could we so blink, so deaf and so dump! Majority of Malaysian are still very stupid!//cseng
———————————-
I agree with you 100%. Majority of Malaysian are stupid and they deserve the rotten government they got. When you talk to them privately, large majority of members of MCA and Gerakan will agree that UMNO is racist, corrupt and cruel BUT come election time they will commit their hearts and soul to campaign for BN.
#25 by boh-liao on Friday, 23 October 2009 - 1:59 am
Well, don’t make judgement on your fellow M’sians
Obviously lots of them love Umno n BN to always vote for them
Perhaps they survive better under a corrupt environment
Can do business better by bribing n as cronies
They probably think the silly ones r the ones opposing Umno n BN, n ending up mati 1
Tak pandai main the system 1
#26 by boh-liao on Friday, 23 October 2009 - 2:13 am
Just look at recent happenings
R our learned judges, educated forensic pathologists n DNA specialists, civil servants, VCs stupid n stooges of Umno/BN
Just becos they support Umno/BN
#27 by monsterball on Friday, 23 October 2009 - 8:45 am
Those voted in UMNO..especially from Bagan Pinang..let them check their conscience.
So many so clear double standard government.
So many so clear huge huge corruptions exposed. Go read what Penang Mara did.
Still not interested…keep thinking how to get along with life by offering bribes..no problem….still can make money…in your business….lets hope your children can learn this cunning art from you..on and on.
Lastly…since this is going against God’s will….forget religion.
Pray to UMNO as your money God.
If you vote UMNO based on race…you are the worst God’s creation..as Allah do not belong to the Malays alone.
Change yourself….or forever be hypocrites.
Malaysia is the only country…in the world…the government is protecting a majority race for more than 54 years….and only idiots feel so proud.
#28 by monsterball on Friday, 23 October 2009 - 8:48 am
Those voted in UMNO..especially from Bagan Pinang..let them check their conscience.
So many so clear double standard government.
So many so clear huge huge corruptions exposed. Go read what Penang Mara did.
Still not interested…keep thinking how to get along with life by offering bribes..no problem….still can make money…in your business….lets hope your children can learn this cunning art from you..on and on.
Lastly…since this is going against God’s will….forget religion.
Pray to UMNO as your money God.
If you vote UMNO based on race…you are the worst.
Change yourself….or forever be hypocrites.
#29 by Make A Difference on Friday, 23 October 2009 - 9:23 am
It is plain and simple, the constitution provides for the separation of powers. However, the corridor of powers chooses to acknowledge or not acknowledge it at their whimp and fancy. Bottom line is that there is no respect for the constitution. One can argue till the cows come home with the current lot of law makers and you would not win. What they fail to understand is the consequences of not respecting the constitution. What foreign company would want to invest in this country where the laws and the constitution are so easily manipulated. There is only one way to revert this unacceptable practice. Vote them out of this planet permanently
#30 by jbozz on Friday, 23 October 2009 - 9:33 am
Lingam case closed – Big slap to Malaysia judiciary. Who said nobody is above the law? exception Datuk & Tun’s buddies
Any investor will dare to invest in Malaysia with such a bias judiciary?
NEP continue – Big slap to 1Malaysia, why Indonesia, Philipines, Thais, Brunei don’t have NEP to protect their own race? And in fact their economy is much better than Malaysia?
#31 by taiking on Friday, 23 October 2009 - 9:49 am
Agree absolutely with sightseeing. Who doesnt know that umno is rotten and greedy and will sink the country.
I am a legal advisor to a couple chinese associations in the country. There are loads of mca people in there. They too condemn the umno gobermen like crazy. I dare to say even cintanegara and gang do it too but privately. They may secretly wish to be the party who supplied the 42,000ringgt laptop to mara (the greedy side) but at the same time, I believe that they too would worry about what the country holds for the future of their children.
Unlike us chinese, we have the world as our platform (so to speak). We do have a large stage to perform on. (And in due course, indians in the country too would have a similar world stage to stand on.) When the crunch comes we can still thrive but elsewhere. That explains why despite umno’s decades-long effort in stiffling us, they failed.
Malays do not have a similar advantage. They only have malaysia. They would be concerned and they ought to be. If the country’s resources are not properly managed and developed, there will nothing left for their children and grandchildren.
But oddly, all of them will time and time again cast their vote for umno-the-god even though umno has clearly plundered the country and mismanaged her resources.
And the reason? Fear. For a long long time umno played up the may13 issue to terrorise the people esp chinese. We all know now that may13 was not so much a racial issue but an umno creation. This effectively neutralise the once powerful fear weapon of umno.
Umno also used isa to frighten all of us by instilling the fear of losing our liberty. And they apply the laws of the land for the same purpose. Wots worse, they have the faithful assistance of the media, police, dpp, ag and judges to achieve their desire ends. The entire gobermen machinery is used to suppress the people by fear. But today, we are in the era of reality shows where fear-factor is seen as a challenge and overcoming the fear-factor would be applauded as an achievement. Being isa-ed is no big deal. Being arrested by the umno police for investigation would be like a scar on the chest of the pirate – a mark of bravery and achievement. That is why today, people engage in anti-umno conversation and expressions more freely and openly (aided of course by the WWW). The street protests and the rise against umno is clearly an indication of the fact that the fear-weapon of umno (isa and police detention) is losing its magic. Therefore is it any wonder why the gobermen has to resort to torturing and killing detainees (e.g. kugan) and political opponents (e.g. beng hock)? To make sure that umno is once again feared!
#32 by taiking on Friday, 23 October 2009 - 9:57 am
And for the malays, umno frighten them into supporting umno by claiming that non-malays have taken away their rice bowls and that only umno can re-claim those bowls back for them. Of course we all know who took those rice bowls away from the malays – unmoputras. Those who are able to supply laptops at the price of 42,000 each. Those are entitle to claim 500m commission for a single deal.
#33 by jbozz on Friday, 23 October 2009 - 9:59 am
Najis tamed the Hindraf so that it can be no longer a threat to the coalition. This is a wise move but an obvious sign that UMNO is fearing the worst.
There are many questions we don’t understand such as the MARA case and in fact torturing & art of submission by brute force used by the Nazi leader Adolf Hitler is commonly employed by Najis = Nazi the rise of dictator in Malaysia.