The law, in the present context, is the Federal Constitution, in particular, Article 72 which states:
(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.
(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.
Suppose Sivakumar were to ignore the declarative decree of the Federal Court, what then?
Clause (2) of Article 72 of the Federal Constitution says that "No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof'.
The Federal Court can say anything they like but the speaker is not liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the legislative assembly.
The order of the Federal Court seems to me to be a ‘brutum fulmen’, which in Latin means "ineffectual thunderbolt” - an action which is loud but ineffective.
Malaysiakini
19/04/09
(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.
(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.
Suppose Sivakumar were to ignore the declarative decree of the Federal Court, what then?
Clause (2) of Article 72 of the Federal Constitution says that "No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof'.
The Federal Court can say anything they like but the speaker is not liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the legislative assembly.
The order of the Federal Court seems to me to be a ‘brutum fulmen’, which in Latin means "ineffectual thunderbolt” - an action which is loud but ineffective.
Malaysiakini
19/04/09
1 comment:
Ride on baby!i love article 72.....
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