A lawyer's quest to retain his positions in the Bar Council and the Parti Rakyat Malaysia was quashed by the Kuala Lumpur High Court today.

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

Sivarasa filed his application on Aug 8 to prevent his disqualification from his position as vice-president of PRM and a member of the Bar Council, naming the Malaysian Bar and the government as respondents.

He was restricted by Section 46 of the Legal Profession Act which bars the members of the Bar Council from holding offices in political parties or trade unions.

Sivarasa's counsel Tommy Thomas, however, contended that it was his client's constitutional right to be able to hold the two posts simultaneously.

He quoted Article 10(1)(c) which states that "all citizens have the right to form association".

"There is nothing under the Federal Constitution that precludes a Malaysian citizen from holding multiple posts," Thomas said.

"According to the Federal Constitution, Parliament may pass laws to curb the rights only if the rights infringe on security public order or morality.

"My client by holding these positions has not committed any of such acts," Thomas added.

The Bar Council is the governing body of the Malaysian Bar and its 36 members are elected by ballot every year.

The 36 members manage the affairs of the Malaysian Bar and the proper performance of the functions of the Bar.

Fundamental liberties

Senior federal counsel Alice Loke, who represented the government, said that Sivarasa had no solid case as it was clear he had erred in law.

"Section 46 of the Act has clearly stated that no one in the Bar Council may hold two posts. He has clearly been disqualified so how can he actually apply for leave?" Loke said.

Thomas, however, implored the judge to give a more wide-ranging interpretation to fundamental liberties prescribed in the Constitution.

"The Federal Constitution should be held supreme in this country and not the Parliament. The judge should then be given the duty to say that these laws are invalid," Thomas said.

Also representing the government was senior federal counsel Azizan Nawawi. The Malaysian Bar was represented by Bastian Pius Vendargon.

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

He joined PRM on May 3, 1999 and served as the party's legal adviser in June the same year. He was appointed to the central committee and as vice-president on July 14 this year during the party's annual national congress.

He holds a Bachelor of Science degree (First Class Honours) from Universiti Malaya. He received a Rhodes scholarship to read law in Oxford University in 1983.