The Federal Court today directed an appeal by the Selangor legislative assembly and two others regarding a summons issued against lawyer Hafarizam Harun to answer contempt charges of the assembly, to proceed in the Court of Appeal.

Chief Justice Tun Arifin Zakaria, chairing a five-member panel, dismissed Hafarizam's application to have constitutional questions determined by the Federal Court.

perak state govt crisis 030309 hafarizam harun The other judges presiding on the panel are Court of Appeal president Md Raus Sharif and Federal Court judges Hashim Yusoff, Abdull Hamid Embong and Jeffrey Tan Kok Wha.

Arifin also ordered Hafarizam ( left ) to pay RM10,000 in legal costs to the Selangor legislative assembly, House Rights and Privileges Committee secretary Mohamad Yasid Bidin and the House Rights and Privileges Committee.

Hafarizam had applied to have seven constitutional questions relating to the Selangor constitution to be determined by the Federal Court.

One of the questions is whether the courts could hear matters concerning the issuance of a summons to appear before the House Rights and Privileges Committee to answer contempt charges.

Contention over RM40k payment

On April 1, 2011, Hafarizam and his client, former Port Klang assemblyperson Badrul Hisham Abdullah, were referred to the Rights and Privileges Committee for contempt against the state assembly.

The House had approved a motion to refer the two after they allegedly pressed for former state assembly speaker Teng Chang Khim to pay RM40,000 or face bankruptcy proceedings.

Teng had, on Jan 19, 2011, declared the Port Klang seat vacant, claiming that Badrul Hisham was absent without leave from the state assembly sitting for six consecutive months but the Shah Alam High Court had reversed the order on Feb 18, 2011 and ordered Teng to pay RM40,000 in legal costs to Badrul Hisham.

dap congress 161212 teng chang kim Hafarizam, 41, was issued with a summons on April 12, 2011 to appear before the House Rights and Privileges Committee to answer contempt charges for sending a letter to Teng's ( right ) lawyer, Messrs Tommy Thomas, to demand payment of RM40,000 in costs pursuant to the court order.

He was alleged to have sent the letter which contained language deemed indecent, insolent and threatening.

On May 31, 2011, the Shah Alam High Court allowed Hafarizam's civil suit to quash the summons issued against him.

The High Court had ruled that the summons issued by the state legislative assembly to compel Hafarizam to appear before the Rights and Privileges Committee to answer the contempt charges was void and against the Federal Constitution.

The Selangor legislative assembly, Mohamad Yasid Bidin and the House Rights and Privileges Committee have filed an appeal against the High Court's decision.

'Federal Court not precluded'

The appeal is scheduled to come up for case management on Aug 1.

In the proceedings today, Abdull Hamid questioned whether it was appropriate for the Federal Court to determine the questions of law as the appeal on the matter was still pending in the Court of Appeal.

Hafarizam's counsel, Firoz Hussein Ahmad Jamaluddin, responded by saying that the Federal Court was not precluded from exercising its power to determine legal questions.

He said there was an important issue on constitutional point with regard to immunity, which not only affected Selangor but other states, as well.

"It would be a significant benefit if the Federal Court determines this, once and for all, and put an end to this litigation," he added.

Lawyer Chan Kok Keong, representing the respondents, said he had opposed Hafarizam's application for legal questions to be determined by the Federal Court, adding that the matter should be heard by the Court of Appeal.

- Bernama