Apex court: Selangor assembly acted beyond jurisdiction against Umno lawyer

Selangor state legislative assembly had acted beyond its jurisdiction and unconstitutionally prescribed contempt on Umno lawyer Mohd Hafarizam Harun five years ago, the Federal Court in Putrajaya ruled today.

The apex court said there is no provision under the Standing Orders of the Assembly and the Contempt of the House enactment for prescribing alleged contempt beyond the walls of the state assembly.

In upholding the decision by the Shah Alam High Court and the Court of Appeal, Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin today dismissed the appeal by the Selangor state assembly, the House Rights and Privileges committee, and the committee secretary Mohamed Yasid Bidin to cite Hafarizam for contempt.

“It is our judgment that the assembly must act within its constitutional and legal powers before the protection provided for by Article 72(1) can arise, before passing a resolution of an act of contempt having been committed beyond the walls of the state legislative assembly.

“The assembly's powers are limited by the Selangor state constitution,” said Justice Zulkefli.

The third most senior judicial officer in the country also reminded that in Malaysia, Parliament is not supreme as the country has a written constitution, unlike in the United Kingdom.

Justice Zulkefli also cited that the court is also bound by the decision in the Perak constitutional imbroglio case of Zambry Abdul Kadir vs Mohammad Nizar Jamaluddin, where it ruled that the assembly could not act outside the walls of the assembly.

Hafarizam was ordered by the assembly to appear before the House Rights and Privileges Committee after he sent a letter of demand to the legal firm which represented the then Selangor state assembly speaker Teng Chang Khim on behalf of his client, then Port Klang assemblyperson Badrul Hisham Abdullah.

Hafarizam did not appear and this led to him being fined RM20,000 by the committee.

The lawyer was cited for contempt after Teng had declared Badrul Hisham's seat vacant claiming that Badrul Hisham was absent without leave from the state assembly sitting for six consecutive months.

[More to follow]

- Mkini