The Federal Court will from tomorrow hear submissions on an application from Subang MP Sivarasa Rasiah to declare section 46A(1) of the Legal Professions Act unconstitutional.

The decision at the apex court will determine once and for all whether a person holding a post in a political party will also be allowed to hold posts in the Bar Council.

pakatan cij parliament pc 131108 sivarasa Sivarasa (left) , had filed the application in 2001, challenging the provisions in the Act, which had barred him from holding positions in the Bar Council when he was elected after he won the then Parti Rakyat Malaysia (PRM) vice-president.

Subsequent to the merger of the PRM and Parti Keadilan Rakyat, Sivarasa also was made the party's vice-president till today.

Sivarasa was elected to the Bar Council in 1998 and re-elected in 1999 and 2000. He has served in a number of posts, including the human rights, legal aid and young lawyers committees.

On Aug 22, 2001,the lawyer's quest to retain his positions in the Bar Council and the Parti Rakyat Malaysia was quashed by the Kuala Lumpur High Court.

Justice Faiza Tamby Chik said the applicant, Sivarasa, had no arguable case to allow for the latter's application for a judicial review.

Sivarasa also lost his case at the Court of Appeal and following this tomorrow's matter at the apex court will hear his arguments.

Three judge panel to hear appeal

The panel of judges to hear the appeal include Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Gopal Sri Ram and Zulkifli Ahmad Makinuddin.

malaysian law conference 301007 tommy thomas 1 Sivarasa will be represented by senior lawyer Tommy Thomas (right) while Bastian Vendargon from the Bar Council will also be supporting the application.

The issues to be litigated include Section 46A of the Legal Professions Act which are said to be in violation of the freedom of association, the right to equality and the right to life and liberty guaranteed under the Federal Constitution by preventing persons holding office in political parties and the Bar Council.

It will also be argued that Malaysia is the only country in the world practising such a restriction on the legal profession.

Lawyers all over the world participate in political life and also play a role in their professional bodies at the same time without any controversy.