Parliament still ordered to pay Puchong MP

The Court of Appeal today upheld the Kuala Lumpur High Court’s decision in ordering Parliament to pay a year’s remuneration to Puchong MP Gobind Singh Deo who was suspended in 2009.

This follows the appellate court unanimously dismissing the appeal by Dewan Rakyat speaker, secretary and Minister in the Prime Minister’s Department Nazri Abdul Aziz against the High Court’s decision on the payment.

The three-member panel was led by Court of Appeal judge Justice KN Segara. The other two judges were justices Azahar Mohamed and Linton Albert.

Gobind (right in photo) appeared for himself while senior federal counsel Azizah Nawawi and Amarjeet Singh appeared for the appellants.

Justice Mohd Ariff Mohd Yusof had on Oct 22, 2009,ordered Parliamentto pay Gobind remuneration due to him from Mar 16, 2009, the date he was suspended, as the High Court held that the legislature had no powers to withhold the payment.

“The withholding of his remuneration is against Article 64 of the constitution.

“The court orders that an interest of eight percent be charged from the date of his suspension,” said Justice Mohd Ariff.

The High Court, however, had ruled that Gobind cannot challenge his suspension order. Gobind did not appeal on the suspension order at the Court of Appeal.

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.

Meanwhile, Article 64 reads Parliament shall by law provide for the remuneration of members of each House.

Justice Mohd Ariff agreed with what Gobind said was tantamount to contempt of proceedings but said Parliament should not withhold his remuneration and stop him from performing his task as an elected representative.

Gobind filed a judicial review application on Apr 23, 2009, following his one-year suspension.

The first term MP was suspended for a year for calling then deputy prime minister Najib Abdul Razak a murderer during a heated parliamentary debate session.