On February13, 2018, I wrote about Tawfik Tun Dr Ismails’s case against the Speaker and secretary of the Dewan Rakyat for wrongfully allowing the tabling of a Bill by PAS chief Hadi Awang seeking to increase the sentencing powers of the Syariah Courts more famously known as the RUU355 case.
Tawfik Tun Dr Ismail claimed that Speaker Tan Sri Pandikar Amin Mulia acted unconstitutionally by allowing the tabling of Hadi’s Motion and RUU355 without consulting the Conference of Rulers and breaching various laws and the standing orders of Parliament. This amendment would also create inequality in the law amongst Malaysians especially Muslims for purported Syariah criminal offences as the Syariah laws in the states are not uniform.
This case showed that PM Najib and UMNO were playing politics with religion and the Speaker behaved deceitfully in Parliament. See link:
My friend Lawyer Rosli Dahlan, who represented Tawfik, pointed out to Judge Dato Wira Kamaludin Said that Pandikar was misleading the court and showed that the doctrine of Parliamentary supremacy does not apply in Malaysia.
Lawyer Rosli revealed the abuse of parliament by the politicians to pass bad laws for political mileage without concern for the Rakyat especially Muslims. He also said that the Speaker committed treason against the Sultans by sidelining and disregarding the Rulers role to be consulted under Article 38 of the Constitution.
To avoid answering to Rosli’s charges about his treasonous behavior, Pandikar applied to strike out Tawfik’s case by claiming that as Speaker he has absolute immunity and is not answerable to the Courts.
Speaker Pandikar arrogantly defended his deceitful ways by saying -“If you have power, you are powerful. If you don’t use that power, you are a bloody fool!”
On Thursday afternoon February 22, 2018, Judge Kamaludin delivered his verdict that Parliament is not supreme and that the Speaker of Parliament is also subject to the Court’s jurisdiction.
The Judge said -“I agree with En Rosli and in my opinion, the court has jurisdiction to hear this case,” and directed Pandikar to file his affidavits. “I want affidavits to be filed in quick. We cannot keep Parliament waiting,” he said.
By these firm words, Judge Kamaludin has shown to Speaker Pandikar that he is not above the law. Pandikar has been put into his proper place and is now forced to eat the humble pie that he is not as powerful as he thinks he is. Judge Kamaludin is showing to Pandikar that a speaker who thinks he is powerful is actually the ultimate bloody fool!
Pandikar who had arrogantly refused to answer to the affidavits by Tawfik is now being treated like a delinquent child who refused to hand up his homework. Judge Kamaludin is now chiding Pandikar that he will be punished if he doesn’t file his affidavit.
Once again my friend Lawyer Rosli Dahlan is taking to task public functionaries who misbehaved and abused their powers regardless even if he is the Speaker of Parliament. I salute him for his bravery. Rosli had previously sued Attorney General Gani Patail and successfully moved the court to rule that Gani’s does not have absolute unbridaled powers as Public Prosecutor.
The RUU355 case is significant because a High Court Judge is brave enough to instill discipline even in the Speaker of Parliament that there must be respect and compliance with the Constitution. It is significant because a member of the public is suing the Speaker of Parliament not to sideline the Rulers in matters that involve public policy. This case symbolises the people defending their rulers. Daulat Tuanku!
Thank you Tawfik, thank you Rosli for showing us that Pandikar is the ultimate bloody fool!
Former UMNO MP can challenge Dewan Rakyat Speaker on RUU355, court rules – https://www.themalaysianinsight.com/s/39252 – Updated: 22 Feb 2018 3:58PM – The Malaysian Insight
– https://dinmerican.wordpress.com
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