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.
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I have lost respect for our judiciary long time ago…..in fact back to the days of Sodomy I….
Now if we ignore the court ruling, isn’t it contempt of court.
But in the first place, if I read Article 72 of the Federal Constitution right, it says CLEARLY , The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court. Then how shall we made that ruling out to be. So should one follow the Federal Constitution or follow the court.
…Who is the presiding judge of the dewan. Sivakumar or Federal Court judges?…
Well, I understood someone has mentioned that the federal court judges only approve 2 out of 8 files filed by Zam.
By the way, the Assembly Scretary has issued a notice without the approval of Sivakumar. Who is the real speaker? Sivakumar or Abdullah Antong?…
This is a clear case of abuse of power… Without the approval of the Speaker…..
Wah, it’s like the secretary of an MNC can sign a letter of huge increase of her salary without the knowledge of the CEO….
It’s only a declaration.
Every Tom,Dick and Harry seems to know that the courts have no jurisdiction over the State Assembly proceedings except the highly learned judges of the highest court in the land.
What an irony?And we have to believe that.
God save Malaysia
The federal Constitution is the supreme law to law to follow…
In a true democracy we have to stick to the Constitution, no matter what. Please do not temper with the Constitution. We don’t want the country to become a laughing stock and deter investors from coming and also looked down by others. This will incur the wrath of the people. Also. never understimate the people’s intelligence. We are living in 2009 and not 1509.
I am deeply saddened by the court’s ruling ….
I think the only way is to throw out BN in the next general election and let the PR government overhaul the whole system.
By the way, you guys know that negotiation between Tunku & LKY on the formation of Malaysia was done on the back of an envelope. Most probably without date. So, you mean what all dealings with Singapore & Malaysia can be declared invalid?
Yes, talking about the rumblings in Terengganu.
The ‘sabotage’ against the incumbent MB has a lot to do with some political aspirations by some incompetent people.
Terengganu MB did the right thing to terminate the services of many incompetent drivers of TDI, KMC, Terengganu Inc and many more. There were incompetent managers who had no business acumen but only political ambitions to run government-owned agencies. Just weed them out. These agencies were made a stepping stones for aspiring politicians. Unfortunately, they are the incapable people who were wasting government money. Now the MB should tell the losses incurred by these bodies. Appointing managers who have political interests alone would ruin the economy. People’s money is put to waste. When are we going to learn/ We will never. Terengganu MB has to be more transparent and let the people know how the ‘oil revenue’ was spent the former MB’s time. What a waste in Terengganu. with the amount of money they have in terms of revenue from oil, the state could have been like Dubai of today. But, see the state today, we see poverty and people living in sheds in many rural areas. And they go round saying, ‘kita akan berkhidamat untuk bangsa dan negara’. A hipocrisy. PAS should start looking for more educated professionals who know what business is if they desire to take over the state. Or else, it will end up all the same.
Zambery n Gang asked for 10 declarations and got only 2, namely decision of Speaker Sivakumar to suspend him dan Geng are null and void.
Some DAP leaders said, it was the Committee of Special Privileges of which Sivakumar is Chairman that made the decision to suspend while the Perak DAP said, the Committee’s decision was ratified by the tree Assy. So Fed Crt is right lah. Zamberi n Geng can’t attend the Leg Assy since the Fed Crt had not declared the Committee’s or tree Assy’s decision null or void.
Art.72 only says Leg Assy proceedings which might include Committee’s proceedings. Fed Crt ruling says if Sivakumar made the ruling solely in his capacity as Speaker, then it is not right.
Who is talking about Constitution? Democracy is dead and there seems to be lawlessness in Bolehland. And the grand ‘GUARDIAN’ just don’t seem to care, why? Two wrongs does not make one right, does it?!!!
No wonder in any negotiations where an agreement is to be made, one of the clause is that “in the event of an arbitration being held, it should be heard in Singapore or HongKong”….
I read that Augustine Paul was one of the judges! Remember Anwar’s sodomy 1….!
Das
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…I hope the people will open their eyes to save this country, our country!! and not let our backs turn to possible change. Give those who fight a chance and support them by your votes.
As I see it only the KING can come to the rescue of our Constitution….
Anil, I believe that if we have an apolitical professional survey organization to conduct a true random survey amongst Malaysians, the results will show that more than 50% of the rakyat are not fools. …
…the good thing is, truth will always triumph in the end. Its funny how it always does, but I am sure the BN government wouldn’t find it very funny, not when we throw them out in the next GE.
It’s clear that Sivakumar can disregard the decision of the court as article 7(2) and 7(3) will protect him from any action for contempt of court.
This reinforces the principle that the judiciary has no power over the Legislative.
Well, Gobind should now go to Court, cite this as precedent, and overturn his suspension!
It’s like they threw the Constitution into the rubbish bin….
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.
Just assign a judge to replace the speaker, speaker is a position which is consider useless, cannot declare vacant seat and cannot suspend …
Whatever the speaker do , the court will overrule .. so why need the speaker .. why need a sitting .. why need to pass any motion …
Pls remember , law and act are passed in parliment .. so Legislative Assembly is above the law ..
Wonder is everyone is queueing the police station to summon the speaker parliment for suspend gobind ..
so can or can’t they attend the meeting???…
After the ‘correct correct correct’ episode, you guys still think things go the correct way?…
No way to run.
Judiciary pun …
Police also big mouths
MACC tak boleh percaya.
Where can I turn to now?
… Are they for real?
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.
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.
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…
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.
Why are we surprised by the court’s decision/pronouncements? I am not….
BAR COUNCIL DO SOMETHING!!!!!
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?
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….
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.