Court must ascertain whether Dewan Rakyat Speaker has been provided with relevant power — Hafiz Hassan

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Court must ascertain whether Dewan Rakyat Speaker has been provided with relevant power — Hafiz Hassan
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AUGUST 30 — Three years ago, then MP for Langkawi Tun Dr Mahathir Mohamad and three other MPs (the Plaintiffs) filed an application in the High Court by way of Originating...

AUGUST 30 — Three years ago, then MP for Langkawi Tun Dr Mahathir Mohamad and three other MPs filed an application in the High Court by way of Originating Summons seeking, among others, declarations that the appointment and/or election of then Speaker and Deputy Speaker of the Dewan Rakyat as invalid on the ground that as it was unconstitutional and/or inconsistent with Article 57 of the Federal Constitution C and/or Standing Orders 3, 4, 6 and 47 of the Standing Orders of the Dewan Rakyat .

This rendered the said appointments unconstitutional and unlawful, justifying judicial intervention in the Dewan Rakyat’s decision. [2018] where the Court of Appeal had the opportunity of referring to the above case where the issue of justifiability of parliamentary privileges had been discussed fairly extensively in a line of cases starting withFan Yew Teng v.

The court would be in breach of Article 72 of the FC if it were to interfere with the exercise of that power.Dewan Undangan Negeri Selangor & Ors v. Mohd Hafarizam bin HarunIn that case a lawyer, acting upon instructions of his client, issued a letter of demand to the then Speaker of the State Legislative Assembly demanding the payment for the costs of a civil suit initiated by the lawyer’s client against the then Speaker.

The lawyer then filed an OS on the grounds, among others, that the summons issued by the Secretary of the Committee violated the FC and the Selangor State Constitution and was therefore unconstitutional.

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