Anwar can attend parliament if given permission, says law expert

Datuk Seri Anwar Ibrahim is a convicted prisoner and can only attend the Dewan Rakyat sitting next month if granted permission. – The Malaysian Insider file pic, February 25, 2015.

Despite still being the parliamentary opposition leader pending a royal pardon, Datuk Seri Anwar Ibrahim cannot attend the Dewan Rakyat sitting next month unless the home minister grants him permission, a law professor said.

Professor Gurdial Singh Nijar of Universiti Malaya's law faculty said Anwar was a convicted prisoner by a court of law and has to be held in custody.

"He must obtain permission from the minister (Datuk Seri Dr Ahmad Zahid Hamidi) as all prisons come under his purview. Anwar has no absolute right to be present in Parliament but can make a request," he told The Malaysian Insider.

However, he said the Permatang Pauh MP's request could be looked into as Anwar was not a security risk to be kept away from the legislature.

Gurdial said this in response to Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia's announcement that Anwar remained a member of parliament pending a decision on his petition to the Yang di-Pertuan Agong for a royal pardon.

Anwar’s wife, Datuk Seri Dr Wan Azizah Wan Ismail, and daughter, Nurul Izzah Anwar, presented the petition at Istana Negara yesterday afternoon, just before the 14-day deadline expired.

Nurul, who is PKR vice-president and Lembah Pantai MP, said the petition for pardon was made on the basis that the conviction failed to adhere to the principles of justice.

As opposition leader, Anwar is given the preference to deliver his speech on the Royal address and the annual budget.

The Yang di-Pertuan Agong will simultaneously open the Dewan Rakyat and Dewan Negara sittings on March 9. The Dewan Rakyat proceeding is for 20 days.

Gurdial said should Anwar be absent for the sittings, the speaker could use his discretion to ask another MP from the opposition to perform the function of opposition leader.

"A new opposition leader cannot be appointed pending the outcome of the (Pardons) board's decision," Gurdial said.

He said the speaker as the head of Dewan Rakyat could make his own ruling if there was a gap (lacuna) in the standing orders that governed the conduct of members and proceeding of the august house.

"The scenario now is unprecedented. In other countries, the opposition leaders' position is vacated once they are jailed," he added.

On February 10, a five-man bench led by Chief Justice Tun Arifin Zakaria found Anwar guilty of having carnal intercourse with his former aide, Mohd Saiful Bukhari Azlan.

He committed the offence at a unit of the Desa Damansara condominium in Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

Anwar started serving his five-year jail term two weeks ago.

- TMI