The Federal Court today directed an appeal by the Selangor Legislative Assembly and two others regarding a summons issued on lawyer Datuk Hafarizam Harun to answer contempt charges of the assembly, to proceed in the Court of Appeal.
Chief Justice Tun Arifin Zakaria, chairing a five-member panel, dismissed Hafarizam's application to have constitutional questions determined by the Federal Court.
The other judges presiding on the panel were Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Datuk Hashim Yusoff, Tan Sri Abdull Hamid Embong and Datuk Jeffrey Tan Kok Wha.
Arifin also ordered Hafarizam to pay RM10,000 in legal costs to the Selangor Legislative Assembly, the House Rights and Privileges Committee secretary Mohamad Yasid Bidin and the House Rights and Privileges Committee.
Hafarizam had applied to have seven constitutional questions relating to the Selangor Constitution determined by the Federal Court.
One of the questions was whether the courts could hear matters concerning the issuance of a summons to appear before the House Rights and Privileges Committee to answer contempt charges.
On April 1, 2011, Hafarizam and his client, former Port Klang assemblyman Badrul Hisham Abdullah, were referred to the Rights and Privileges Committee for contempt of the State Assembly.
The House approved a motion to refer the two after they allegedly pressed for former State Assembly speaker Datuk Teng Chang Khim to pay RM40,000 or face bankruptcy proceedings.
Teng, on Jan 19, 2011, declared the Port Klang seat vacant, claiming that Badrul Hisham was absent without leave from the state assembly sittings for six consecutive months but the Shah Alam High Court reversed the order on Feb 18, 2011 and ordered Teng to pay RM40,000 in legal costs to Badrul Hisham.
Hafarizam, 41, was issued with a summons on April 12, 2011 to appear before the House Rights and Privileges Committee to answer contempt charges for sending a letter to Teng's lawyer, Messrs Tommy Thomas, to demand payment of RM40,000 in costs pursuant to the court order.
He was alleged to have sent a letter which contained language deemed indecent, insolent and threatening.
On May 31, 2011, the Shah Alam High Court allowed Hafarizam's civil suit to quash the summons issued against him.
It ruled that the summons issued by the State Legislative Assembly to compel Hafarizam to appear before the Rights and Privileges Committee to answer the contempt charges was void and against the Federal Constitution.
The Selangor State Legislative Assembly, Mohamad Yasid Bidin and the House Rghts and Privileges Committee have filed an appeal against the High Court's decision.
The appeal is scheduled to come up for case management on Aug 1.
In the proceedings today, Abdull Hamid questioned whether it was appropriate for the Federal Court to determine the questions of law as the appeal on the matter was still pending in the Court of Appeal.
Hafarizam’s counsel, Datuk Firoz Hussein Ahmad Jamaluddin, responded by saying that the Federal Court was not precluded from exercising its power to determine legal questions.
He said there was an important issue on constitutional point with regard to immunity, which not only affected Selangor but other states as well.
“It would be a significant benefit if the Federal Court determines this, once and for all, and put an end to this litigation,” he added.
Lawyer Chan Kok Keong, representing the respondents, said he had opposed Hafarizam's application for legal questions to be determined by the Federal Court, adding that the matter should be heard by the Court of Appeal. - Bernama
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