Apr 182009
The Federal Court has ruled on the suspensions in the Perak State Assembly.
What does Article 72 of the Federal Constitution say?
(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.
(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.
No way to run.
Judiciary pun …
Police also big mouths
MACC tak boleh percaya.
Where can I turn to now?
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… Are they for real?
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Well. This does present an opportunity in the Dewan Negara.
Opposition MPs should now find a similar circumstance to challenge the orders of the Speaker of the Parliment in the courts. Then we shall see which way the courts rule. Either way they rule, the results will be telling and interesting to say the least.
Mahathir had already warned BN about using the courts vs. speaker in this way. Let’s make this happen and play their game.
1. if the courts slap themselves on the face and rule contrary to this ruling on the Perak Dewan Negeri and come out in obvious support of the BN Speaker in the Dewan Negara, then we know …
2. if the courts rule consistently as per their ruling on the Perak Dewan Negeri, then while we might then have a constitutional crisis at the Parlimentary levels, we would however know that our Judiciary IS independant and can be called upon to continue to defend the constitution and therefore, the people. We would then need to find out exactly why our judges are ruling the way they are, and the constitution then needs to be scrutinised closely for loopholes.
Either way, this string of constitutional twists with our “independent” pillars failing at every junction, is only alienating even further the present BN government from the citizenry and come next election, we will know what to do.
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If these jugdes and BN respect the rule of law,
- Perak MB shall be decided by the assembly, not by Sultan.
- The law and constitution shall not be applied to BN only.
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poppycock on April 18th, 2009 at 4.51pm
As I see it only the KING can come to the rescue of our Constitution….
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A daylight dream…
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dev on April 18th, 2009 at 8.03pm
Well people it is very simple, all Speaker Siva has to do is to say that he will not abide by the Federal Court’s declaration. He is protected by the Federal Constitution therefore he need not worry because as usual the opponents have made another mistake in their quest to take the matter up to the Federal Court.This will be the final nail on the BN government, the people will know that the only way to put an end to this rot in all institutions of government is to completely vote them out come the next General elections. It will be the birth of a new Malaysia.
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(The perception is) Malaysian police only listen orders from BN, whether Siva is right or not under the constitution is not important. …
Rule of law is dead in this Bolehland long time ago.
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Why are we surprised by the court’s decision/pronouncements? I am not….
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BAR COUNCIL DO SOMETHING!!!!!
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If someone does not respect the Constitution, then who is in contempt to the court?
Then if someone who is supposed to uphold justice yet he deliberately goes against the Constitution, is he not in contempt to the court?
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Dear All,
THe Constitution is the Supreme law of the land. Therefore, Sivakumar must follow the law. He is NOT above the law. He also MUST ALWAYS remain impartial as a speaker and not take sides like what he is doing now. He cannot usurp the functions of the Monarch as the Monarch is the ONLY person that can summon the Assembly. So people get it right.
Under the Constitution of Perak, the MB is the person who seeks the audience with the Monarch to ask for the assembly to be called and the MOnarch shall then issue a proclaimation.
Nowhere does it state its the power of the Speaker but you have a speaker who does not know his functions and duties according to the Constitution does things to his whimps and fancies. This is precisely what is happening.
So where is the check and balance. This is where the Court comes into play as the guardian of public order or there shall be total anarchy by the Speaker.
Since there is a court order, the Speaker is not above the law and he must obey or its contempt.
Like mentioned earlier, the Speaker does not know his powers and duties, no where in the Constitution or the Standing Order that allows him to sack or even suspend the Secretary of the Assembly, whose duties is to issue Notice to call for the meeting of the Assembly. There is no need to seek for the Speaker’s permission.
The problem lies with the Speaker who seems to be bias towards PKR, DAP n PAS.
Can you imagine the Speaker suspending a member of the Assembly, who accepted the appointment of MB by the Monarch. The Speaker is obviously bonkers. The Speaker is challenging the direct powers of the Monarch to appoint the MB as enshrined in the Constitution.
So now tell me, who is acting against the Constitution?
To let matter rest, the Speaker must remain neutral and know his duties…….its only in the proceedings of the Assembly, that he may control. Even then, to suspend any member, its the rights of the members of the Assembly, 59 of them to determine the fate of the Members. Just like what was done in Gobinds suspension.
So everyone, I would like all of you to please get the true picture and not just listen to PKR, DAP or PAS. WE have law and order in this Coutry that has worked well for centuries. Its constitution that matters. Azlan Shah once said ” Absolute discretion is contradiction in terms”.
So, Mr. Speaker, follow the law, you are not above it….
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cdecks on April 20th, 2009 at 2.04pm
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Even Dr. Mahathir disgareed with the way Perak real MB was sacked…
Sultan, speaker, Zambry and Nizar all of them are not above the law.
Without the rule of law in place, this country will be transforming into another Thailand very soon.
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