Bar council president Datuk Ambiga Sreenevasan
PETALING JAYA, MALAYSIA: The Bar Council has reiterated its stand on the Perak constitutional crisis — let the people decide. Its president Datuk Ambiga Sreenevasan said snap polls were now the best solution in view of new developments involving the suspension of Barisan Nasional (BN)-appointed Menteri Besar Datuk Zambry Abdul Kadir and his six executive councillors.
Previously the bar council has said it will be difficult to challenge to sultan's prerogative in determining who has the majority support of the state assembly. The menteri besar's appointment is dependent on his or her majority support in the assembly.
Ambiga said there were differing views on whether Speaker V Sivakumar followed the correct procedure in the suspensions.
One view is that the Speaker and the Committee of Special Privileges were acting within the powers vested in them, while another view holds that the suspensions ought to be referred to the state assembly before they can take effect.Because of this, Ambiga said more suits are expected in the days to come.
"The legal actions are not the first and are unlikely to be the last. This is not desirable and does not provide an effective and definitive solution.
"Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole," she said in a press statement today.
Ambiga also noted that whether Sivakumar had followed correct procedures in ordering the suspensions, the matter lay "outside the jurisdiction of the courts" because of Article 72 of the Federal Constitution. Article 72 spells out the privileges of the all state legislative assemblies, whereby the validity of its proceedings cannot be questioned in court.
Source: Nut Graph..More..
Previously the bar council has said it will be difficult to challenge to sultan's prerogative in determining who has the majority support of the state assembly. The menteri besar's appointment is dependent on his or her majority support in the assembly.
Ambiga said there were differing views on whether Speaker V Sivakumar followed the correct procedure in the suspensions.
One view is that the Speaker and the Committee of Special Privileges were acting within the powers vested in them, while another view holds that the suspensions ought to be referred to the state assembly before they can take effect.Because of this, Ambiga said more suits are expected in the days to come.
"The legal actions are not the first and are unlikely to be the last. This is not desirable and does not provide an effective and definitive solution.
"Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole," she said in a press statement today.
Ambiga also noted that whether Sivakumar had followed correct procedures in ordering the suspensions, the matter lay "outside the jurisdiction of the courts" because of Article 72 of the Federal Constitution. Article 72 spells out the privileges of the all state legislative assemblies, whereby the validity of its proceedings cannot be questioned in court.
Source: Nut Graph..More..
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