The fight for right hots up as a courageous Malaysian MP
sues the Malaysian government,Speaker and Secretary of Parliament and de facto Law Minister for abuse of power.
DAP MP for Puchong Gobind Singh Deo filed the landmark legal suit yesterday(April 23,2009) at the Kuala Lumpur High Court registry.
Gobind,36,expelled from Malaysia's Parliament under a one-year suspension order without parliamentary pay and privileges on March 16,2009,challenges the way Parliament has been wrongly abused without due respect to human rights and Malaysia's Federal Constitution.
He has named Malaysia's Parliament Speaker Tan Sri Pandikar Amin,Parliament Secretary Datuk Roosme Hamzah,de facto Law Minister Datuk Seri Nazri Abdul Aziz and the government of Malaysia as defendents.
Gobind had called Prime Minister Datuk Seri Najib Razak "murderer" and pressed Najib to explain allegations linking Najib and his wife Datin Seri Rosmah Mansor to the cruel C4 bomb murder of Mongolian beauty Altantuya Shaariibuu.
He created a commotion by his outburst just after Najib,who is also Malaysia's Finance Minister, had completed the debate on the RM60 billion stimulus package.
Deputy Speaker Datuk Ronald Kiandee had swiftly interjected and ejected Gobind out of the House for one day for contempt.
Subsequently,Nazri moved a motion allowed by Pandikar "in the national interest",to suspend Gobind
without giving Gobind any chance to defend himself for alleged contempt of his rights and privileges as an MP and defying Ronald's order to leave the House.
The suspension order was passed quickly with a voice vote of the House.
It is considered a blatant abuse of the ruling National Front's majority in Parliament.
Now,Gobind has gone to the court to seek redress for the gross injustice done on him.
Gobind stresses that the case "is not a personal issue, but an important national issue" about the performance of MPs "without fear or favour" in the public interest.
Gobind seeks a declaration that the letter dated March 16 signed by the Parliament Secretary Datuk Roosme
Hamzah suspending him as MP without pay, allowances and benefits of an MP for one year is null and void.
He claims it violates Article 64 of the Federal Constitution that provides for mandatory entitlement of an MP to the full MP's benefits.
By virtue of the violation,the court is allowed to scrutinize the proceedings of Parliament.
Gobind also claims the parliamentary proceedings on March 16 has violated his human rights to defend himself.
Hence,he also seeks to declare the proceedings and decision taken in Parliament to be not immune from scrutiny by the court and his suspension unconstitutional under Malaysia's Federal Constitution.
Gobind's father,Karpal Singh,a prominent lawyer stresses: "He has got a precedent. They started it."
Karpal,who is DAP chairman and MP for Bukit Gelugor, refers to the new precedent set by the unanimous decision of Malaysia's Federal Court last Thursday(April 16,2009).
The Federal Court had ruled Perak Assembly Speaker V.Sivakumar has no powers to suspend National Front Mentri Besar Datuk Zambry Abdul Kadir and his six executive council members from attending the state assembly sittings for contempt of the House.
This decision is considered by legal brains to have contradicted Article 72(1) of Malaysia's Federal Constitution that states "The validity of any proceedings in the Legislative Assembly of any state shall not be questioned in any court."
The ruling destroys the doctrine of separation of powers of the Executive,Legislature and Judiciary.
Interestingly, Article 63(1) stipulates "The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court".
Gobind's legal suit is a test case that now puts the judiciary in a quandary.
The vital question being asked is: "Will the Federal Court be guilty of selective and discriminatory justice?"
Gobind also seeks a court order to declare that he is free to attend the next sitting of Parliament scheduled to start on June 16.
He has filed a certificate of urgency for the court to expedite the hearing.
His father,Karpal Singh,who was charged for sedition for threatening to sue Perak Sultan Azlan Shah for acting ultra vires the Perak Constitution by consenting to the appointment of Zambry as new Perak Mentri Besar toppling the opposition-ruled Perak government,feels Gobind has a strong case.
The sedition charge was made a day after Gobind's one-year suspension.
Karpal has pleaded not guilty to the charge under Section 4(1)(6) of the archaic Sedition Act 1948.
The charge carries RM5,000 fine or three years' jail or both upon conviction.
Karpal has received death threats including live bullets in the mail sent to his Penang home address and threats of assault by Selangor UMNO Youth leaders at the entrance of Parliament House on February 26,2009 for expressing his views over the Perak Sultan's liability to be sued for "acting beyond the parameters of the Perak Constitution".
Yesterday,he helped his second son,Gobind Singh Deo, to right the wrong without fear or favour and ensure proper parliamentary practice by filing the suit via Messrs Karpal Singh and Co.
