In the newest corruption case , the public prosecutor has taken two former MPs of the Barisan Alternative to court under the Anti-Corruption Act, 1977 section 11C which states, '... any person knowingly gives to an agent, or if an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal he will be guilty of an offence.'

We must respect what the Anti-Corruption Agency to carry out their duty according to the mandate given by our government regardless of the target of investigation or the significance of the violation under the Anti-Corruption Act 1977. No one should question about such jurisdiction of power given to the agency.

However, the Malaysian general public should also be alert of the modus operandi of the prosecution process and the motives of prosecutions from the Malaysian political and judiciary cultural stand points.

The issue of the selective prosecution and the jurisdiction that deals with offences that involve Malaysian parliamentary powers should not be overlooked.

ACA should not overrule the rulings of parliamentary administration. Any matter that involves the financial administration of the parliament should be left to the parliament because at the material prosecution time, ACA was not an independent body within the Malaysian Parliament.

The Malaysian government has the constitutional obligation to clarify to the members of the Dewan Rakyat, the Dewan Senate and the general public procedures of cases that involve members of parliament under the roof of Malaysian Parliament

The public prosecution of the two MPs prior to an internal investigation by the Malaysian parliamentary administration committee is damaging the Malaysia's constitutional democracy system of government.

This incident is also challenging the independence of our parliamentary legislation system.

It is now timely for the prime minister to return the Anti-Corruption Agency to Parliament to ensure its independence and its jurisdiction over cases that involve members of parliament and ministers who are members of the Dewan Rakyat or the Dewan Negara.

Under the current structure, ACA has a questionable position in prosecuting MPs and senators who are suspected of breaching the Section 11C of Anti-Corruption Act, 1977.