The investigation against Tambun MP Ahmad Husni Hanadzlah for supposedly breaking his oath of secrecy is unconstitutional, said opposition leader Dr Wan Azizah Wan Ismail.

She pointed to Article 63(2) of the Federal Constitution, which stipulates that “No person shall be liable to any proceedings in any court in respect of anything said […] when taking part in any proceedings of either House of Parliament or any committee thereof”.

Although there are exceptions to parliamentary immunity under Article 63(4), she said these exceptions pertain to offences under the Sedition Act 1948, and laws related to the position of the national language, special position of Malays and bumiputeras, and the position of the Malay rulers.

“What is clear is that the 1MDB touched upon not only by the Tambun MP but also the Pagoh MP (Muhyiddin Yassin) and Semporna MP (Mohd Shafie Apdal) have nothing to do with the Sedition Act.

“The Official Secrets Act 1972 also does not apply in this situation, and only in situations where documents that are government official secrets are exposed.

“The protections under Article 63 are necessary to ensure a true democracy in parliament, and if those privileges and freedoms are abused by any MPs, he can only be referred to the Rights and Privileges Committee for further action.

“Discussions regarding 1MDB is something that is of national interest because it is the biggest financial scandal in Malaysian history, and should be given space for discussions to take place, especially in parliament,” she added in a statement today.

Husni was supposed to be questioned by the police at Bukit Aman yesterday, but this has been postponed.

This comes after Speaker Pandikar Amin Ali had said that Husni, Muhyiddin, and Shafie might have broken their oath of secrecy by revealing cabinet discussions regarding 1MDB while debating the 2017 Budget in parliament.

Inspector-general of police Khalid Abu Bakar had confirmed that the police would call the three former ministers for questioning, having received reports on the matter from NGOs the Malaysian Malay Network Organisation (JMM) and Kuala Lumpur Federal Territory N87 Club.

Wan Azizah said the police should not call Husni for investigation in view of the protections under Article 63, and urged Pandikar to advise the police accordingly to ensure that those protections are not breached.

In a separate statement, Minister in the Prime Minister’s Department Azalina Othman Said said the opposition need not be startled when the police investigate MPs under the OSA or any other law.

“The authorities’ actions are based on police reports received. Whether or not the persons called had committed an offence or not depends on the findings of their investigation.

“It is premature for any party to draw any conclusion on the matter,” she added.

However, Azalina warned MPs against abusing their parliamentary privileges.

Without naming names, she reminded lawmakers that parliamentary immunity is subject to the provisions of Article 63 of the Federal Constitution.

“Therefore, MPs cannot speak or act as they wish to the extent that it taints the good name and prestige of the noble Dewan Rakyat.

“Each MP should be responsible for every statement they make and should never abuse their immunity as a parliamentarian.

“It is disappointing that some MPs have ridiculed and disrespected the position of the Dewan Rakyat speaker, which can be construed as insulting the session,” she said.

Her warning comes as Segambut MP Lim Lip Eng faces possible suspension for allegedly insulting Pandikar during a sitting in the parliament’s Special Chambers.