Thursday, April 23, 2009

Now, What Constitutes A Proceeding?

I am not a lawyer and neither am I an ex-judge. So what I may say here may not be of any legal value. But to quote Lord Atkin - as quoted by N H Chan, (a former judge I believe to be) in his recent article which was further quoted by Lim Kit Siang in his (Kit Siang) latest write-up - in that:

"Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men".

Being an ordinary man, as expounded by Lord Atkin and further reaffirmed by N H Chan, I do have some authority to have my say.

In rebutting Nazri Aziz, the de-facto Law Minister, Chan pointed that Article 72(1) of the Federal Constitution is a sanction for Perak State Assembly Speaker, Sivakumar to do as he wishes including to suspend the Perak MB Zambry Abd Kadir from the DUN sitting. Do read what Chan has said to put things in context. Below is letter of Article 72(1):

72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

If I may ask, does a decision made outside the sitting of the DUN constitute a proceeding of the Legislative Assembly concerned?

If that's the case thenI wanted more to be a Speaker rather than an MB/CM. I'd suspend the Chief Executive of the State from the DUN and approve bills at my whim and fancy.

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