The Third Session of the 14th Parliament sitting on May 18 for half a day, involving the Yang di-Pertuan Agong's speech with no debates, was unconstitutional and unlawful, the High Court here was told today.
Lawyer Bastian Vendargon, representing lawyer, R. Kengadharan, and a social activist, D. Arumugam in a suit against Prime Minister Tan Sri Muhyiddin Yassin and former Dewan Rakyat Speaker Tan Sri Mohamad Ariff Md Yusof, submitted that in doing so, the government had exercised its powers for an improper purpose, which was to prevent the Parliament from carrying out its constitutional duties.
"By barring Members (of Parliament) from doing anything apart from sitting still, while the Agong delivers His Majesty's address, the actual purpose of the government's agenda is plainly to exert full and illegitimate control over Parliament. Not only is this unconstitutional, it is also unlawful, being an improper exercise of the power conferred.
"Moreover, the purported 'reason' for a one-day sitting based on the COVID-19 pandemic is merely a fig leaf. Legislatures in the United Kingdom, Singapore and Canada, for example, have convened to pass legislation necessitated by COVID-19," he added.
Kengadharan, and Arumugam filed the suit last May 15, naming Muhyiddin and Mohamad Ariff as the first and second defendant respectively, to seek a declaration that the one-day sitting was unconstitutional.
Senior federal counsel Suzana Atan, however, submitted that matters relating to the calendar and the Order of Business of the Parliament are all related to the Dewan Rakyat’s proceedings and immune from judicial interference by virtue of Article 63 of the Federal Constitution.
Therefore, she said, the court should decline the plaintiffs’ invitation to exercise its judicial authority over Dewan Rakyat proceedings.
"In any event, their (plaintiff) complaint is devoid of merit as the amendments to the calendar and Order of Business were all in compliance of the provisions of the Standing Orders. Even if the plaintiffs hold a contrary view, the non-compliance of the Standing Orders are mere irregularities.
"For these reasons, we pray that the plaintiffs' application to be dismissed with costs," said Suzana who is assisted by senior federal counsel S. Narkunavathy.
The presiding judge, Datuk Ahmad Kamal Md. Shahid, then fixed Sept 3 to deliver his decision.
According to the lawsuit, Kengadharan, and Arumugam are seeking a declaration that the May 18 Parliament sitting was null and void as it only heard the Yang di-Pertuan Agong’s speech and therefore contravened Article 55 (1) of the Federal Constitution.
They claimed the first sitting was illusory as there were no other important events that took place as stated under the Standing Order 14 of the Dewan Rakyat.
Dewan Rakyat secretary Nizam Mydin Bacha Mydin, in his affidavit filed on behalf of Muhyiddin and Mohamad Ariff, said the May 18 Parliament sitting was in accordance with the Federal Constitution and the Dewan Rakyat Standing Order.
According to Nizam Mydin, the application by Kengadharan, and Arumugam has no merit as the validity of any Dewan Rakyat proceedings cannot be challenged in any court as stipulated under Article 63 (1) of the Federal Constitution.
On May 13, Mohamad Ariff, in a statement said he had received a notification letter signed by Prime Minister as the Ketua Majlis stating that the government has decided that the agenda for the First Meeting of the Third Session of the 14th Parliament, which will take place for one day, has been amended to focus only on the Royal Address.
He said this was due to the fact that the COVID-19 pandemic in the country was not fully over.
-- BERNAMA
Bernama
Thu Jul 30 2020
The presiding judge, Datuk Ahmad Kamal Md. Shahid, then fixed Sept 3 to deliver his decision.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.