The Kuala Lumpur High Court (Appellate and Special Powers Division) has fixed Sept 30 for a decision on Puchong MP Gobind Singh Deo's application to lift the 12-month suspension order imposed on him by the Dewan Rakyat last March.

Judicial Commissioner Mohd Ariff Md Yusof fixed the date after hearing submissions from senior lawyer Karpal Singh and senior federal counsel Suzana Atan along with senior federal counsel Amarjeet Singh.

The highlight of today's proceedings centred on the landmark Federal Court decision in April to lift the suspension on Perak Menteri Besar, Zambry Abdul Kadir and his exco members, a ruling which may haunt parliamentary and state legislative assembly proceedings in the future.

gobind singh challenge speaker decision in court 230409 01 For this basis, Gobind is challenging the Dewan Rakyat Speaker's decision in suspending him for 12 months without pay beginning March 16 over his outburst for calling Najib Abdul Razak a murderer.

Following the apex court's decision in Zambry's case and also the suspension meted out by the Dewan Rakyat, Gobind is seeking to lift the order that bars him from serving his constituents for a year.

Gobind filed his originating summons on April 23 against the Speaker, Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz, the Dewan Rakyat Secretary and the government over the suspension.

In the suit, Gobind, is asking that his suspension as a member of parliament on March 16 to be declared null and void as well of having no effect and being unconstitutional.

He also wants the letter notifying him of his suspension signed by Parliament secretary Roosmee Hamzah and the orders contained in the letter to be declared unenforceable in law.

Gobind is also seeking a declaration to reinstate the remunerations and other benefits that are constitutionally granted to MPs under Article 64 of the Federal Constitution.

Karpal: Motion to suspend ultra vires

Karpal in his submission today pointed out the motion which was tabled by Nazri to suspend Gobind was ultra vires Parliament's Standng Orders .

"The motion tabled against Gobind is not based on any Parliament Standing order and provisions and hence, parliament had acted beyond its powers to pass it," said Karpal.

The motion which read: "We will suspend the Puchong MP from performing his duties to his constitutents for 12 months and he will not received remunerations during his suspension."

Karpal said the motion barring Gobind from performing his duty is ultra vires compared to other suspension orders meted out in the past including on himself.

"I was barred from coming to the Dewan Rakyat sittings for six months in 1984, but in this case, the motion calls for the prevention of Gobind from serving his constituents. It is a clear violation of any Acts or laws," said Karpal.

He also submitted that the apex court's decision in lifting Zambry and the state exco's suspension, is bound by this court, where the court has jurisdiction to review the suspension order meted out by the legislature.

"We have already passed this threshold and the court can make a decision to lift the suspension," argued Karpal.

No chance for Gobind to defend himself

Karpal also submitted that Gobind was not even given a chance to defend himself during the debate on the motion and this was certainly a violation of Parliament Standing Orders.

Under the standing orders, Karpal said the house can only suspend the elected representative from the house until a certain date.

"Depriving Gobind of his entitlements is without any lawful basis as Article 64 of the Federal Constitution states that members of parliament must be mandatorily remunerated."

Suzana maintained that the action to suspend Gobind was non-justiciable as it was constituted within proceedings of the Dewan Rakyat.

She also submitted that what happened in Zambry's case and the finding of the Federal Court does not bind this court, as in that case it did not constitute as a proceeding within the assembly.

"Zambry's suspension does not arise within the walls of the Perak legislative assembly but outside it," said Suzana.