Gobind files suit to challenge suspension

Puchong MP Gobind Singh Deo has filed a lawsuit against the government, Dewan Rakyat speaker Pandikar Amin Mulia, the House secretary and Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz over his one-year suspension from Parliament.

The suit was filed at the Kuala Lumpur High Court this morning.

The legal action follows a decision last week by the Federal Court in allowing a challenge by Barisan Nasional's Perak Menteri Besar Zambry Abd Kadir and his exco members against their suspension from the Perak assembly by assembly speaker.

Last month, Gobind was suspended without any allowances and benefits following his outburst in the House against Prime Minister Najib Abdul Razak.

The debutant parliamentarian and son of DAP stalwart Karpal Singh had allegedly linked Najib with the murder of Mongolian Altantuya Shaariibuu, and called him a "murderer" in the process.

In the suit, Gobind is asking that his suspension as a member of parliament on March 16 to be declared null and void as well of having no effect and being unconstitutional.

He also wants the letter on notifying him of his suspension, signed by Parliament secretary Roosmee Hamzah and the orders adverted in the letter to be declared unenforceable in law.

Besides that Gobind is also seeking for a declaration to reinstate the remunerations and other benefits that are constitutionally granted to MPs under Article 64 of the Federal Constitution.

"In essence we seek a certain declaration which relates to my suspension as a member of parliament and the other aspect of significance is the suspension of my remuneration and benefits as MP."

"If you look at the motion that was passed, you will find that I was not merely suspended from the Dewan Rakyat but as an MP, so it goes beyond from being suspended from attending Dewan Rakyat," he said, adding this has put him a limbo.

A strange situation

He said it was a strange situation as it was uncommon for MPs from being suspended from being elected representatives.

"Here is where the court needs to interfere and clarify... it is strange situation, it is not uncommon for MP to be suspended from taking part in Parliament proceedings, but the notification said that I am suspended from my duties as a MP.

"If I'm suspended as a MP, how does this work? Where does that leave me?" he asked.

Speaking to reporters before the suit was filed this morning, Gobind said that when he was booted out from Parliament on March 16, he was not even given a chance to defend himself.

"I stood up because I wanted to defend myself - it is a constitutional right to anyone who is condemned by way of a motion," he said.

"When I stood up to defend myself, the deputy speaker refused to allow me to defend myself - now we question if that was proper (for the deputy speaker to make the decision) when the constitution guarantees that no person shall be punished without being heard," he added.

He said that the House cannot prohibit the allowances granted under the Members of Parliament (Remuneration) Act 1980.

"So we say that they have no jurisdiction, firstly to pass such a motion and two that it is unconstitutional.

"I have said this earlier, this suit is not about me alone, it involves a very important point of law which is of public importance... can MPs operate without fear or favour if they are subjected to this kind of treatment by the BN majority?" he asserted.

Karpal: Our principle stands intact

Veteran parliamentarian and lawyer Karpal told reporters that the decision of Parliament can be challenged, as the court had supervisory jurisdiction over actions taken by Parliament.

"Of course such a far reaching advance by the courts into the sphere of legislative is unprecedented in this country... but we have a precedent," said the Bukit Gelugor DAP MP.

Karpal was referring to the decision last week by the Federal Court in allowing the challenge by BN's Perak Menteri Besar Zambry and his exco members against their suspension from the Perak assembly by speaker V Sivakumar.

"The Fedearl Court opened the floodgates and we accept what the court had ruled. We have the right do this because there is no further avenue to take (this matter)," said Karpal.

Asked whether this suit contravened Pakatan Rakyat' stand that the Sivakumar had the authority on suspending Zambry and his excos, Karpal said: "It is not that we are blowing hot and cold".

"The court has made its decision and we have a right to take advantage of that decision. It is not in any way departing from principles," he stressed.

"I don't think we are sloppy in our stand. I don't think in any way Pakatan Rakyat has or will compromise its principles in filling this summon.

"Our principle stands intact and so does our integrity," said Karpal.

[VIDEO:16977]