Parliamentary suspension: Karpal to file 'Christmas present' suit

By Athi Shankar

GEORGE TOWN: Capitalising on the precedent set by the Federal Court in relation to the Perak constitutional crisis, Bukit Gelugor MP Karpal Singh will challenge the validity of the suspension meted to him and his three Pakatan Rakyat colleagues.

Karpal, who is also DAP national chairman, said he will file two writs of summons in Kuala Lumpur High Court next week challenging the six-month parliamentary suspension slapped on him, opposition leader Anwar Ibrahim and MPs Azmin Ali (PKR-Gombak) and R Sivarasa (PKR-Subang).

He said one writ would challenge Anwar's suspension based on the recommendation by the Rights and Privileges Committee.

The other will challenge the Parliament's direct suspension of Karpal, Sivarasa and Azmin.

“It will be my Christmas present to the House Speaker and the government,” Karpal told a press conference in Air Itam here today.

In his suit, Karpal is set to name the Dewan Rakyat Speaker Pandikar Amin Mulia, the Government of Malaysia and, Minister in the Prime Minister’ in charge of Law and Parliamentary Affairs Mohamed Nazri Abdul Aziz as first, second and third defendants respectively.

In the ‘Who is the legitimate Perak MB?’ case decision on Feb 9 this year, the Federal Court stated that the court had the powers and jurisdiction to review legislature proceedings.

Under Articles 62 and 72(1) of the Federal Constitution no proceedings in the House can be reviewed in the court of law.

But Karpal said the Apex Court landmark decision had smashed the long held political myth that courts cannot interfere into House proceedings.

Existing precedence

He also pointed out that in his son and Puchong MP Gobind Singh Deo case, the High Court intervened into legislature proceedings by nullifying the House withdrawal of privileges and numeration to the suspended MP.

“We will file our case based on the precedent set in the Perak MB Zambry Abdul Kadir case,” said Karpal.

He also questioned the wording of the suspension slapped on the Pakatan quartet, which stated that the four had been banned for six months from carrying out their duties as MPs.

He has dared Pandikar Amin Mulia or any Barisan Nasional MP to cite him and others for contempt of Parliament for continuing to carry out their duties as elected representatives.

“The suspension should be only on the service of the House, not outside.

“We will continue with our MP duties in serving our constituents and issuing press statements.

“I challenge the Speaker or any BN reps to charge and discipline us for carrying out duties in our capacities as MPs,” he told newsmen.

On Nazri’s jibe that “Karpal is a third class lawyer”, the veteran politician and senior lawyer concurred that he was one indeed.

“But Nazri has no class,” said the seven-term parliamentarian.

He said he would name Nazri, a lawyer by profession, in his imminent suit to “show to the minister what a third-rate lawyer can do.”