Pandikar's threat of action against DAP trio 'unlawful' - PKR MP

A PKR lawmaker has hit out at Dewan Rakyat Speaker Pandikar Amin Mulia who had urged three DAP lawmakers to apologise to him or face action. 

Referring to Pandikar's letter addressed to the three MPs, Padang Serai MP N Surendran said the speaker's notice was in breach of Article 10 of the Federal Constitution.

“(It) is thus void and unlawful. The three MPs' statement falls under the constitutionally guaranteed right of freedom of speech contained in Article 10,” said the lawyer in a statement today.

Pointing out how Article 10 guarantees every citizen the right to freedom of speech, Surendran cited Article 10(2)(a) which states that Parliament may by law impose restrictions on freedom of speech “designed to protect the privileges of Parliament”.

“Parliament has imposed these restrictions through the Houses of Parliament (Privileges and Powers) Ordinance. Section 9 of that Act lays down 14 separate types of contempt.

“However, insult or criticism of the speaker does not fall under Section 9."

Pandikar (photo) had threatened stern action against the three lawmakers - Batu Gajah MP V Sivakumar, Beruas MP Ngeh Khoo Ham, and Taiping MP Nga Kor Ming – after the trio said that the speaker should not be an "accomplice to cover up corruption scandals".

The statement also claimed that if Pandikar fails to uphold the truth, then the most honourable thing for him to do is to resign.

However, Surendran said the trio's statement does not amount to contempt, as criticism or "insult" of the speaker is not included in the said categories of contempt under the ordinance.

“The statement made by the three MPs is thus protected by the guarantee of freedom of speech in Article 10 of the Federal Constitution and cannot be made the subject of contempt proceedings by the Dewan Rakyat.

“Although the Dewan Rakyat has wide powers to conduct its own affairs, it has no power to act in breach of the provisions of the constitution," he added.

As such, Surendran insisted that Pandikar had acted in breach of the constitution in issuing the said notice to the three MPs.

“He must immediately withdraw the said notice. Meanwhile, the three MPs need not comply with the demand for an apology made by Pandikar in the said notice, as it is void and unlawful.”

The three lawmakers in a press conference today said they have no plans to issue apologies just yet and instead want Pandikar to answer two questions on 1MDB. 

Nga said the two questions are on why the 1MDB audit report has not been tabled in Parliament if there is no wrongdoing in the matter, and why the government has remained silent on actions taken by foreign governments on the 1MDB scandal. -Mkini