Tuesday, April 21, 2009

Regarding Sivakumar's Powers...

[Found this note in Facebook by Azira Aziz]

Under Article 72 of the Federal Constitution, the privileges of Legislative Assembly are as follows:-

Article 72. Privileges of Legislative Assembly.

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

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.

(4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970.

(5) Notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Ruler of any State when taking part in any proceedings of the Legislative Assembly of any State or any committee thereof except where he advocates the abolition of the Ruler's position as the constitutional Ruler of that State.

You won't need a legal counsel to help you understand the above, do you? The implication's quite simple. The Federal Court can blab their declarations (note: not binding judgement) 'till Kingdom Come, and it's still considered as 'advisory' since the above excerpt came from the Federal Constitution of Malaysia, supreme law of the land, etc.

Somebody's getting paid, BIG time.

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