Court differs from Perak decision as Gobind remains barred
KUALA LUMPUR, Oct 22 — Puchong MP Gobind Singh Deo remains barred from the Dewan Rakyat after the High Court ruled today that legislative proceedings cannot be challenged in court, in a decision which appears to go against an earlier Federal Court ruling.
The decision by the High Court today relies on a generally accepted principle of Separation of Powers but contradicts a Federal Court ruling in April which said it was allowed to inquire into legislative proceedings.
The Court ruled today that the constitution was supreme and that it cannot question proceedings of the Dewan Rakyat.
But in April, the Federal Court panel of Augustine Paul, Alauddin Mohd Sheriff, Arifin Zakaria, Nik Hashim Nik Ab. Rahman, and Zulkefli Ahmad Makinudin was willing to depart from this precedent, which gives respect to the doctrine of separation of powers in a case between ousted Perak Speaker V Sivakumar and Barisan Nasional assemblymen in Perak.
In that case the Federal Court ruled Sivakumar did not have the power to suspend Datuk Zambry Abd Kadir, the mentri besar, and six BN executive council members from attending the state assembly.
The ruling cleared the way for the seven men to attend the state assembly and head off attempts to mount a no-confidence vote against the Perak BN government.
With that decision the Federal Court appeared to have punctured the hallowed doctrine of separation of powers upheld by court decisions on five previous occasions.
In the previous decisions, the court had followed provisions in the constitution which says the courts cannot interfere in proceedings of the legislative assembly.
In the case of Gobind today, the High Court appeared to be returning to that doctrine.
MI
22/10/09
KUALA LUMPUR, Oct 22 — Puchong MP Gobind Singh Deo remains barred from the Dewan Rakyat after the High Court ruled today that legislative proceedings cannot be challenged in court, in a decision which appears to go against an earlier Federal Court ruling.
The decision by the High Court today relies on a generally accepted principle of Separation of Powers but contradicts a Federal Court ruling in April which said it was allowed to inquire into legislative proceedings.
The Court ruled today that the constitution was supreme and that it cannot question proceedings of the Dewan Rakyat.
But in April, the Federal Court panel of Augustine Paul, Alauddin Mohd Sheriff, Arifin Zakaria, Nik Hashim Nik Ab. Rahman, and Zulkefli Ahmad Makinudin was willing to depart from this precedent, which gives respect to the doctrine of separation of powers in a case between ousted Perak Speaker V Sivakumar and Barisan Nasional assemblymen in Perak.
In that case the Federal Court ruled Sivakumar did not have the power to suspend Datuk Zambry Abd Kadir, the mentri besar, and six BN executive council members from attending the state assembly.
The ruling cleared the way for the seven men to attend the state assembly and head off attempts to mount a no-confidence vote against the Perak BN government.
With that decision the Federal Court appeared to have punctured the hallowed doctrine of separation of powers upheld by court decisions on five previous occasions.
In the previous decisions, the court had followed provisions in the constitution which says the courts cannot interfere in proceedings of the legislative assembly.
In the case of Gobind today, the High Court appeared to be returning to that doctrine.
MI
22/10/09
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