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| Update Gobind still suspended but will get wages |
| Written by Chua Sue-Ann | |||
| Thursday, 22 October 2009 18:12 | |||
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Judicial Commissioner Mohamad Ariff Yusof, who sat at the High Court's Special Powers and Appellate division, yesterday ruled that Gobind's 12-month suspension cannot be questioned in court by virtue of Article 63(1) of the Federal Constitution. Article 63(1) states: "The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court." "If proceedings have constitutional or legal support, it must be immune from judicial challenge," Ariff said, while noting that Gobind's suspension followed legal procedure. The Dewan Rakyat on March 16 passed a resolution to suspend Gobind for being in contempt of the House and for linking then deputy prime minister Datuk Seri Najib Razak to the brutal murder of a Mongolian woman. In his ruling, Ariff also said the Federal Court's judgement in Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir's case recognised the "overriding power of the courts to question whether there is a legal basis for an act of the legislative assembly". "But I don't believe this can be read to mean that all acts of state legislative assemblies or houses of parliament must be open to judicial scrutiny and correction," Ariff said. Precedent from Zambry's case against former Perak Speaker V Sivakumar had featured prominently in Gobind's suit, particularly on whether courts could interfere in the legislature. In April, the apex court quashed Sivakumar's suspension of Zambry and six Barisan Nasional (BN) Perak state executive councillors after ruling it had the jurisdiction to hear matters involving the state assembly's Rights and Privileges Committee's decisions. In making that ruling, Ariff yesterday dismissed most of the legal remedies sought in Gobind's suit including requests for a declaration that his suspension is null and void as well as an order that he be free to attend forthcoming sittings of the Dewan Rakyat. However, the judicial commissioner ruled that Gobind was entitled to the benefits and remuneration of an MP, ordering Gobind be paid with 8% interest. Ariff also clarified that although the motion to suspend Gobind stated that Gobind was "suspended as a member of parliament", the "substance" of the letter was taken to mean that Gobind was merely suspended from the "service of the House". Met later, Gobind's counsel Karpal Singh hailed the decision as a "fair" ruling and said Gobind would not appeal the decision. The decision was the culmination in a suit brought by Gobind on April 23 against Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz, Dewan Rakyat Secretary Datuk Roosme Hamzah and the government. Gobind was suspended with immediate effect without remunerations and benefits after the House voted on the motion tabled by Nazri.
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