Wednesday, April 22, 2009

A precedent has been set

When I did my law studies some years ago, there was one important thing I learned about constitutional law, and that is the separation of power which have become buzz words these days. The judiciary, the executive and the legislatives operates independently as this would in some form act as a check and balance should disputes arise. But in the recent case, where five judges pronounced that the Speaker of the Perak Assembly has erred in suspending Zamry and six others, it would now appear that the judiciary had encroached into the realm of the legislature despite the fact that it is clearly stated in the state constitution that the speaker's decision cannot be brought before the court.

Since a precedent has been set, YB Gobind Singh Deo, MP for Puchong, has decided he would sue the Speaker of the House in Parliament for suspending him for one year as a result of harsh words used against Najib pertaining to the Altantuya case.

Following is the report from the MalaysianInsider:

The Federal Court's ruling last week overturning a decision made by an elected state assembly speaker crossed the boundaries separating the powers between the judiciary and the legislature and has churned up a new challenger.

Suspended Puchong MP Gobind Singh Deo, plans to sue Dewan Rakyat Speaker, Tan Sri Pandikar Amin Mulia for his ruling last month barring him from taking part in Parliament.

Fondly known as the "Little Lion of Puchong" Gobind is set to file his suit in the High Court here at 11 am tomorrow, his father and DAP Chairman, Karpal Singh, told reporters here today.

Karpal appeared to relish the chance to challenge the Speaker's decision. The Bukit Gelugor MP has often found himself on the receiving end of Pandikar Amin's unwanted attention.

"He's got a precedent. They started it." noted Karpal.

Gobind was suspended for one year from March 16 without an MP's allowances and benefits after an outburst inside Parliament involving the Prime Minister, Datuk Seri Najib Razak.

The fiery first-term lawmaker had allegedly linked Najib to a highly sensationalised murder case involving a Mongolian model, Altantuya Shaariibuu, whose remains were found in a jungle clearing in nearby Shah Alam years ago.

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