No legal action can be taken against Ipoh Barat MP M Kulasegaran and Taiping MP Nga Kor Ming as both enjoy absolute and qualified immunities when they speak inside Parliament and in the Parliament's lobby respectively.

DAP national legal labour bureau chief A Sivanesan in stating this said: "As parliamentarians and elected representatives, they (Nga and Kula) do enjoy immunity and this is basic constitutional law.

rela civil suit shooting death 130906 a sivanesan "Kula enjoys absolute immunity in whatever he says inside Parliament and Nga enjoys qualified immunity in whatever he says in the lobby of Parliament."

Sivanesan said that only the privilege committee of Parliament has the right to question or take action against MPs in Parliament.

Both MPs have come under fire for statements made in Parliament, receiving threats and having police reports lodged against them.

Kulasegaran had previously said in Parliament that issues like ketuanan Melayu had remained a stumbling block to unity in the country because discriminates against other races.

On Nga's part, he was vilified for purportedly questioning the budget allocation for mosques. Nga claims he was misquoted by Utusan Malaysia .

He said the newspaper "twisted my statement to make it seem I had made seditious remarks and provoked racial sentiments".

'Send them back to their countries'

Earlier this morning at 11am, a group of Kami supporters led by deputy chairman Azhari Abu and information chief Hafizul Abdul Hamid lodged a police report against Nga.

In the report, Hafizul had asked the police to arrest Nga whom they term as racist, detain him under ISA and deport him to his country of origin as Nga had touched on the sensitivities of Islam.

Hafizul had challenged Nga to repeat what he had said in the Parliament lobby, outside of Parliament so that his organisation can take legal action against him.

In response, Sivanesan said that Kami is still in its infancy stage (registered only on June 10 this year) and does neither know the history of the country nor the Federal Constitution that allows limitation freedom of speech and action.

NONE Sivanesan said: "What Kesatuan Anak-Anak Muda Islam Perak and other fanatical organisations said about Kula and Nga, are actually contravening both the Sedition Act and the Penal Code."

He said these organisations had threatened to "hunt him (Kula) down" and "deport him to his country of origin".

These threats, Sivanesan said, are an absolute abuse of Section 506 (Punishment for criminal intimidation) of the Penal Code.

One such organisation was Badan Bertindak Perpaduan Ummah (People's Unity Action Committee) who had given DAP vice-chairman Kula two weeks to make a public apology for questioning Malay supremacy in the Dewan Rakyat last week.

Several police reports had been lodged over the threats said Sivanesan, who called on the police to "immediately investigate these fanatical organisations that are institutionalising a racial hatred between the Malay and non-Malay groups."

Sivanesan said that both Kula and Nga are qualified lawyers and are fully aware of the limitation of their speeches and it is the police that should be taking action against such fanatical groups that are trying to fan racial hatred among Malaysians.

'I never questioned Malay rights'

Kulasegaran told the media that he never questioned neither the special rights of Malays nor that of the non-Malays.

According to him, what he had raised up in Parliament was only the question of Malay supremacy and the New Economic Policy that remained as obstacles to racial unity in the country.

He said the federal constitution does not mention Malay supremacy. Kulasegaran claims certain groups are "twisting" his statements.

"As a lawyer I know what is seditious and my limitations in questioning matters which are seditious," he said.

He lodged the police report against the People's Unity Action Committee and also against Gabungan Pelajar Melayu Semanjung (GPMS) president Jais Abdul Karim who had handed Kula a GPMS memorandum dated Dec 10 at the Parliament lobby on Dec 9.