Pandan MP Rafizi Ramli's controversial arrest on Tuesday at the gates of Parliament has broken Parliamentary laws, said an opposition MP.
Thus, said Padang Serai MP N Surendran, Minister in the Prime Minister's Department Azalina Othman Said’s claim that Rafizi’s arrest on Tuesday at the gates of Parliament is lawful is erroneous.
“She is completely wrong. Rafizi's arrest is unlawful as it is in breach of the Houses of Parliament (Privileges and Powers) Act 1952.
”Section 9(e) of the above Act provides that it is a contempt of Parliament to obstruct any MP from 'coming to or going from the House'.
“Eyewitnesses and photos of the arrest confirm that Rafizi was arrested 'going from' Parliament, at the main gate. Thus there is an undeniable breach of section 9(e).” said the PKR lawmaker in a statement today.
“The place and manner of the arrest in this case is a serious contempt of Parliament, which is itself an offence under the Act,” he added.
'Speaker can summon IGP'
Rafizi was arrested and yesterday remanded three days for allegedly revealing a document classified under the Official Secrets Act (OSA).
The document allegedly links the scandal-hit 1MDB with Lembaga Tabung Angkatan Tentera (LTAT).
Surendran said section 9(c) of the Act provides that the ' wilful failure or refusal to obey any lawful order of the House' is also a contempt.
“Hence, the arrest is also in breach of the unanimous resolution of the House ordering the IGP to ensure that there is no obstruction of MPs coming and going from the House,” said the MP.
He called Azalina’s explanation that a crime had been committed as “absurd”.
“No one is suggesting that MPs have immunity to 'commit crimes.'
“However the place and manner of the arrest in this case is a serious contempt of Parliament, which is itself an offence under the Act,” he said.
He added these circumstances warrants the speaker of Parliament to “exercise his powers to summon the inspector-general of police to the bar of the House to show cause” pursuant to section 11 of Act.
Regressive move
Meanwhile Institute for Democracy and Economic Affairs (Ideas) chief executive officer Wan Saiful Wan Jan said Rafizi’s arrest under the OSA is “regressive” especially in light of the government’s aspirations to being a developed and high-income nation.
"Transforming the country into a developed and high-income nation necessitates the need for the government to be open, transparent and accountable, especially when public funds are involved.
“Instead of silencing critics, the government should proactively look for ways to change our laws so that we have a more open environment.
"Instead of arresting someone like YB Rafizi, the government could have looked for more positive steps,” he said in a statement yesterday.
He said instead of enforcing secrecy, the government should be “open to public scrutiny".
In this respect, Wan Saiful said the government was disappointing for not supporting the Open Government Partnership (OGP), a global multilateral initiative for governments that are committed to transparency and fighting corruption.
“Sixty nine countries have signed up to this platform and Malaysia should join it too.
“It is disappointing that our government has not committed itself towards a more positive direction like the OGP, but it is silencing critics using the OSA instead."
Opposition MPs walk to Bukit Aman to protest Rafizi's arrest
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