Thursday, February 19, 2009

Suspension of MB, Exco can't be legally challenged: Bar Council

The decision by Perak assembly speaker V. Sivakumar to suspend the menteri besar and his six executive councillors as assemblymen cannot be challenged in court, the Malaysian Bar Council said today.

Council president Datuk Ambiga Sreenevasan said: “Regardless of whether the correct procedure was followed by the speaker and the Committee of Special Privileges, under Article 72 of the Federal Constitution their conduct and the validity of the their proceedings may nevertheless be outside the jurisdiction of the courts.”

She said the doctrine of separation of powers means the judiciary could not interfere in the workings of Parliament or the state legislative assemblies.

Ambiga said in a faxed statement to the media that this also means that there should be no Executive influence in the workings of Parliament and state legislative assemblies.

“We say this as it has been reported that there are attempts to lodge police reports against the speaker of the Perak state assembly, which would violate these provisions,” said Ambiga.
Ambiga said wrestling over the constitutional and legal issues would not solve the political problem in Perak.

“Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole,” she said.

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