By SuaraKeAdilan English Team | Feb 23.2009
Perak legislative Speaker V Sivakumar, who was questioned by the police for more than two hours, has called on them to cease all investigations against any member of the assembly over the suspension of BN Menteri Besar Zambry Kadir and six executive councillors.
In a statement issued after meeting four policemen from the Commercial Crimes Investigation Department at his lawyer’s office near in Ipoh, Sivakumar revealed that although he had co-operated, the police may have acted ultra-vires.
“It is my belief that any investigation by the police against any member of this assembly is a violation of existing laws and legal provisions of this country,” Sivakumar said.
According to him, the Legislative Assembly (Privileges) Enactment 1959 and Article 72 of the Federal Constitution gave absolute immunity to the Speaker and the Committee of Special Privileges from any civil or criminal proceedings.
It has been reported in the media that a total of 19 police reports were lodged against Sivakumar, who suspended and barred Zambry and his team from attending assembly sittings for between 12 and 18 months.
Another institutional failure
Police investigations were opened under Section 124/120B of the Penal Code. The offence under Section 124, which involves compelling an elected representative to refrain from exercising his lawful powers, carries a maximum seven years’ jail with a fine upon conviction.
Meanwhile, legal experts and Pakatan leaders have denounced the police action, saying it was yet another failure by a public institution to stay neutral and above politicking. Even former premier Mahathir Mohamad had scathing words for the onslaught of police reports.
Said Mahathir in his blog www.chedet.com: “If the decision of the Speaker can be considered a crime, then what will happen when the Parliamentary Speaker suspends opposition members for whatever reasons?
“And this happens frequently. Will opposition members lodge police reports? If they can, then can we consider the police to have powers over the Parliamentary Speaker?”
The Bar Council too had issued a statement last week, saying that Sivakumar’s action could not be challenged in the courts.
“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 their proceedings may nevertheless be outside the jurisdiction of the courts,” said Bar Council president Ambiga Sreenevasan.
Explained human rights lawyer Malik Imtiaz Sarwar: “This incident highlights the separation of powers between the executive and the legislature. While the Menteri Besar may be the single most powerful person in the executive, in the legislature, it is the Speaker who is in charge.”
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