The government's application to stay the move by Sungai Siput MP Dr D Jeyakumar - who was released from Emergency Ordinance detention this evening - for a judicial review of its decision denying him the annual parliamentary constituency allocations it hands out will be known on Sept 14.

The High Court in Kuala Lumpur today fixed that date for its decision.

The court earlier this year granted Jeyakumar leave to challenge the federal government's decision not to give the allocation directly to him but to other BN or state government bodies.

Many other opposition MPs are watching closely Jeyakumar's application, after complaining of similar problems about the annual allocations handed out to BN elected representatives.

Judge Abang Iskandar Abang Hashim heard in chambers today submissions from Jeyakumar's counsel Mahalethumi Balakrishnan and senior federal counsel Suzana Atan.

Justice Abang Iskandar then fixed Sept 14 for his decision on the government's application to stay Jeyalumar's successful leave application.

He also fixed Oct 12 to hear the judicial review, should the court not grant a stay.

The High Court on Feb 25 granted leave to Jeyakumar after it dismissed the government's preliminary objection, following which Justice Aziah Ali ruled that there are issues which ought to be resolved at the hearing of the application.

In judicial review cases, permission or leave has to be obtained before the full application can be heard. The government has filed an appeal for the matter to be brought to the Court of Appeal over the High Court’s decision to grant leave. 

Differing treatment for BN and opposition

Presently, all special constituency allocations to opposition MPs’ areas are given directly to the various government-linked agencies and not handled to them. However, BN MPs get their allocation directly from the government.

Jeyakumar filed the judicial review application in October last year, when he became the first elected  representative to take the federal government to court for withholding funds allocated for his constituency.

The giant-killer, who defeated then MIC president S Samy Velly in 2008, had named the Implementation Coordination Unit, the director of the Perak state development office and the government of Malaysia as respondents.

The MP, who is a lung specialist, claims that by withholding the funds, the respondents are going against Article 8(1) of the federal constitution which provides that all persons are equal before the law and entitled to its equal protection.

He notes that Article 8 (1) provides that “the special constituency allocation be exercised equally and equitably amongst all members of parliament regardless of political affiliations”.

“I wrote to the Implementation Coordination Unit (ICU) of the Prime Minister’s Department and was told that RM1.72 million was given (in 2010), including to two schools and an orphanage, but when I called (the alleged recipients) they said they have not received it,” Jeyakumar said.

He wants the respondents to explain their authority in disbursing the funds from the special constituency allocation at their discretion and to specify the procedure for allocation of funding since 2008.