Dewan Rakyat Speaker Pandikar Amin Mulia has shot down Gobind Singh Deo's (DAP-Puchong) citing of a standing order to defer the debate on the bill to amend the Sedition Act 1948.

Gobind had said a debate on the bill now would be subjudice until the Federal Court makes a ruling on the constitutionality of the Sedition Act.

"The rule of subjudice cannot get in the way of legislation," Pandikar held, quoting a similiar decision in India's Parliament.

"If the rule of subjudice were to be made applicable to legislation, it would not only make legislators subject to the courts, but would make amendments impossible as there are a large number of cases (that would get in the way)" he further quoted, without mentioning what the Indian parliament ruling was about.

As such, he said the bill must be debated, albeit in an orderly manner.

The case referred to by Gobind ( right ) is the legal challenge mounted by Universiti Malaya law lecturer Azmi Sharom that the Sedition Act violates the Federal Constitution, which guarantees freedom of speech.

Home Minister Ahmad Zahid Hamidi also said amending the Act now was not subjudice.

 

"The government had discussed this with the Attorney-General's Chambers. Its opinion is that what is being decided by the court, and what we want to amend is not subjudice. This is because it is only an amendment," he said before Pandikar made his decision.

 

When asked if his ruling would be a precedent for state assemblies, Pandikar replied in the negative.

 

"This is not the Court of Appeal or the Federal Court where the judgement is binding. Each state assembly has autonomy, if the state speakers want to follow my precedent, it is up to them," he said.

The House had earlier passed a motion not to postpone Parliament until debates on the Sedition Act amendments, a bill to amend the remuneration of MPs, and four Finance Ministry motions are completed.

 

Today is the last day for this session of Parliament, so the debates could extend well after midnight, with the House clock being stopped.