Did MPs break the law with march? Even lawyers are divided

 

The MPs at Dataran Merdeka before their march to Parliament. Former Bar president Zainur Zakaria says that without a parliament sitting, they are just ordinary citizens governed by Covid-19 SOPs.

PETALING JAYA: Opposition MPs could have run foul of the law by attempting to march to Parliament since today’s sitting had been called off, a lawyer said. However, another lawyer says it is the police who are in contempt of Parliament.

Zainur Zakaria said Prime Minister Muhyiddin Yassin had adjourned today’s sitting on the advice of health authorities due to the escalating Covid-19 situation.

“Parliament building is cordoned off and it’s arguable whether MPs cannot demonstrate,” said Zainur, a former Malaysian Bar president.

He said that since Parliament was not in session, the MPs were considered “ordinary members of the public” who assembled to express themselves.

As citizens, he said, they were governed by laws under the emergency ordinances and Covid-19 SOPs.

“The police are enforcing the law and the MPs could be subject to investigations. I don’t think the constitutional argument will stand,” he told FMT.

Zainur was commenting on the protest today by MPs, who gathered at the entrance leading to the Parliament building but were barred from entering. The MPs had earlier gathered at Dataran Merdeka.

Subang MP Sivarasa Rasiah, himself a lawyer, had earlier tweeted that elected representatives were prevented from entering Parliament with many roadblocks and a large police presence.

“By blocking access to Parliament, the authorities are in contempt because when the 2020 session started last year, the traditional motion was passed telling the IGP that no MP is prevented from accessing Parliament at any time,” he said.

He said the IGP and the authorities were now in contempt of Parliament.

Lawyer Muhammad Rafique Rashid Ali agreed, sayng that preventing MPs from gaining acces to the federal legislature was unconstitutional.

“Parliament was earlier scheduled to sit today. It is the prime minister who cancelled the sitting on the advice of health authorities,” he said.

Rafique said Parliament was where MPs could execute their democratic duties and raise the concerns of the people.

“What happened today is that the government was attempting to silence the voice of the people,” he said.

He claimed that the prime minister and his Cabinet were also going against the King as the head of state has numerous times called for a Parliament sitting to debate on the ordinances and the emergency proclamation. - FMT