Surendran: Speaker can summon IGP on Rafizi’s arrest

The arrest was in breach of the unanimous resolution of Parliament ordering the IGP to ensure that there’s no obstruction of MPs “coming and going” from the House.

KUALA LUMPUR: It’s appalling that the Minister in charge of Parliament, Azalina Othman Said, was now attempting to justify a grave breach of the privileges and powers of Parliament, said Padang Serai MP N. Surendran in a statement.

In the light of the clear facts of the case involving Pandan MP Rafizi Ramli, he added, “it’s my view that the Speaker of Parliament can now exercise his powers to summon the Inspector-General of Police Khalid Abdu Bakar to the House to show cause, pursuant to Section 11 of the Houses of Parliament (Privileges and Powers) Act 1952”.

“Rafizi’s arrest was in breach of the Houses of Parliament (Privileges & Powers) Act 1952.”

Surendran was commenting on Azalina’s statement that Rafizi controversial arrest on Tuesday at the gates of Parliament was lawful. “She is completely wrong.”

“Rafizi’s arrest was unlawful as it’s in breach of the Houses of Parliament (Privileges and Powers) Act 1952.”

Section 9(e) of the above Act provides that it is contempt of Parliament to obstruct any MP from “coming to or going” from the House, he pointed out. “Eyewitnesses and photos of the arrest confirm that Rafizi was arrested ‘going from’ Parliament, at the main gate. Thus, there’s undeniable breach of Section 9(e).”

Further, he warned, Section 9(c) provides that the “willful failure or refusal to obey any lawful order of the House” was also contempt. “Hence, the arrest was also in breach of the unanimous resolution of the House ordering the IGP to ensure that there’s no obstruction of MPs coming and going from the House.”

“The arrest of Rafizi, in clear breach of Sections 9(c) and (e) of the Act, cannot be lawful as claimed by Azalina.”

In support of her argument, noted the MP, Azalina claims that Section 7 of the Act “does not give immunity to any parliamentarian to commit a crime”.

This is an absurd argument, he fumed. “No one is suggesting that MPs have immunity to ‘commit crimes’.”

However the place and manner of the arrest in this case was serious contempt of Parliament, which is itself an offence under the Act, he summed up.