Malaysia: The Constitution is Supreme not Speaker Parliament Pandikar Amin !


January 13, 2018

The Constitution is Supreme not Speaker Parliament Pandikar Amin !

by Din Merican in Phnom Penh, Cambodia

Image result for Speaker Pandikar Amin Mulia

Speaker of Dewan Rakyat or  a Buffoon?

On Thursday  January 11, 2018, I noted that the media in Malaysia reported about an interesting incident in Court where a former Member of Parliament — the son of the late Deputy Prime Minister, Tun Dr.  Ismail Abdul Rahman— filed a suit against the Speaker and Secretary of the Dewan Rakyat for wrongfully tabling a Bill by PAS Chief Hadi Awang (“Hadi’s Motion”) seeking to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 (“RUU355”).

It was reported that Tawfik Tun Dr Ismail (pic below) had challenged in court that Speaker Tan Sri Pandikar Amin Mulia committed contempt against the Sultans by playing politics in Parliament when he allowed the tabling of Hadi’s Motion and RUU355. This was unconstitutional as the Conference of Rulers, as the Heads of Islam, had not been consulted with earlier in breach of Art. 38(2) and Art 38(4) of the Federal Constitution.Tawfik also contended that the RUU355 itself is in violation of Article 8 of the Federal Constitution and would create inequality in the law amongst Malaysians especially Muslims for purported Syariah criminal offences.

Image result for tawfik tun dr ismail

Tawfik  Tun Dr. Ismail

Hadi’s Motion had caused a great deal of unrest and showed it was nothing more than a political game. Sometime in March 2017, Deputy Prime Minister Dr. Zahid Hamidi announced that UMNO had a pact with PAS and the RUU355 will be tabled by him as a Government’s Bill. Subsequently, Prime Minister Najib Razak said that BN component parties were against it and that it will not be a Government’s Bill. Zahid lost face and got played out by Najib. Serves him right for trying to play politics with religion!

Image result for azalina othman said

 

Image result for azalina othman said

Butch Minister Azalina Othman Said (2018)

I recalled there was widespread discontent and anger on April 6, 2017 when Speaker Pandikar played a trick on the opposition. After tabling Hadi’s Motion, the butch Minister Azalina Othman proposed that the House sitting be adjourned. Pandikar then quickly ended the session and ran out to the calls of “Takut” and “Ayam”. That was how RUU 355 came to be tabled as first reading in Parliament without any debate – by trickery.

Such is the quality of this cowardly Speaker who goes by the name of Pandikar but who behaved like a pondan. When asked to explain his unusual conduct, Pandikar tried to show he is smart when he answered -“If you have power, you are powerful. If you don’t use that power, you are a bloody fool!”

Again in court, Pandikar did not dare fight Tawfik. Instead he asked the A-G Chambers to strike out Tawfik’s suit. Pandikar claimed that as Speaker he has absolute power and is not subject to the courts by claiming Parliamentary supremacy.

Not to be fooled by Pandikar’s cowardly ways, my friend Lawyer Rosli Dahlan, who represented Tawfik, pointed out that Pandikar was misleading the court by relying extensively on English cases on parliamentary supremacy and privilege. He showed that the doctrine of Parliamentary supremacy does not apply in Malaysia as it does in the UK. In Malaysia, even the Speaker is subject to the Constitution and the Court is the bulwark to ensure that the Speaker does not abuse his powers.

The most interesting part about Tawfik’s case is that all previous lawsuits were to strike down bad laws by Parliament. This is the first time that the Speaker is being sued for abusing parliamentary privileges and claiming he is above the constitution and the Court. I hope Judge Dato Wira Kamaludin Said will deliver the correct decision in law and put this Speaker Pandikar in his proper place.

 

The RUU355 case filed by Tawfik and argued by Lawyer Rosli reveals the abuse of parliament by the politicians to pass bad laws for political mileage without concern for the Rakyat especially Muslims. It also shows treason by the Speaker by his disloyalty and disregard to the Conference of Rulers by flexing his muscle that he is more powerful than the Malay Rulers, when he arrogantly  announced :

“If you have power, you are powerful. If you don’t use that power, you are a bloody fool.”

Lawyer Rosli Dahlan

I have just managed to obtain a copy of Rosli’s written rebuttal to the A-G Chambers’ argument which shows that the Speaker of Parliament is also subject to the Court’s jurisdiction. I would be pleased to share it with you who are legal eager beavers if required.

From the grapevine, I heard that Rosli had the assistance of Emeritus Professor  Dato Dr Shad Faruqi, the eminent constitutional expert of Malaysia. I whatsapp Rosli to ask if it was true that the most eminent academia in Malaysia is supporting him. As usual, Rosli is tight-lipped about the cases he handles. However, his cryptic answer was very revealing. He said – “Isn’t it good for the country if they are behind me as they see this as ultimate Patriotism in fighting for the Rulers , the Constitution and the Rule of Law.”

I hope Rosli and Judge Kamaludin will show to Speaker Pandikar who is the ultimate bloody fool!

Also read:

The plaintiff’s written rebuttal

 

29 thoughts on “Malaysia: The Constitution is Supreme not Speaker Parliament Pandikar Amin !

  1. My take a little bit, though i have no experience in being ‘present’ in Parliamentary debates. Legality of course applies , as the Fed Constitution is Supreme, i dont think the Speaker can or should peremptorily and Arbitrarily dismiss a Motion outright without hearing both sides of their respective contentions…..

    Opinion : its an Abuse of the process of Natural justice …..

  2. Dato Din, it is heartening to know, there are many good natured Malaysians who still care and are working to uphold justice for the country, be it in the forefront or behind the scene.

    • Thanks Bkt Beruntung, we need to send this buffoon Pandikar back for retraining under the tutorship of Speaker of the English Parliament on how to do his job. The Najib administration is full of incompetent, dishonest and corrupt people in all our institutions, GLCs and GLICs. No wonder, our country is such a mess. Malaysia is the butt of jokes among my Cambodian friends.

      Once upon a time decades when Dato Deva Ridzam was the Ambassador to the Kingdom, Malaysia was held in high regard for being the largest investor in the Kingdom with an active Ambassador. After him, we have had a crop of mediocre Ambassadors to represent our country. Wisma Putra does not realise that the quality of our representatives reflects how serious we take our relations with Cambodia.–Din Merican

  3. The speaker, as with any member of the Malaysians, must abide by the Constitution because his power is from the constitution.

  4. It is unconstitutional and they know it BUT the Malay Muslim voters do not care for they think Islam is above all else even if it’s in the wrong hand and abused.

    • Hey, the FELDA/FGV episode to going to explode hopefully helped along by TDM or Rafizi Ramli and when the shit hits the fan, Felda settlers won’t be a fixed deposit any more and I am not sure if Uncle Mohd Najib Outfit will still enjoy their pre-eminance..

  5. Jamban Pandi is more interested in comfortable toilet facilities with inbuilt bidets than the Constitution. He grew up in a place where the pit latrine was a luxury and toilet paper was much prized, in lieu of a hairy, rough leaf and malodorous stale water.

    Heard of a Freudian term ‘Anal Fixation’? I don’t subscribe to it but Pandi is fastidious to save his arse – but can’t save his butt, from intelligent folk like Sdr Tawfik and Rosli. About time elitist like him are dragged thru the dung..

    • Tamil? Er, i was thinking of Telugu.. In fact it’s also not so ‘nice’ in Malayanam. But the Tamil will do, with the preceding word..
      The Indo-European root is also found in ‘Pandora’ (Greek) – as in Pandora’s Box.

  6. This Speaker should be cited for Treason! He is unpatriotic and is destroying our parliament by playing politics. Absolute power corrupts absolutely!

  7. May i be permitted to elaborate, how matters can become ridiculous , if precepts of natural justice is not observed :

    The Hon’ Speaker , as the judge or Arbiter , in this case , has usurped all three functions , by not Hearing out parties to the dispute , and unilaterally dismissed it on his own motion, The Hon’ Speaker as the Judge/Arbiter , has assumed the role of the ” Accuser ” , the ‘Accused ” & the Arbiter at one and the same time , has he not : three into one ? – conclusion is inevitable , that he dispenses ‘justice’ on his own motion , so its not necessary to have parliamentary sessions to debate , and thereby impinge legislative process , for it to become ‘ Law ” ? –

    Natural justice precepts are universal – not only in Court proceedings, EVEN in offices & workplaces , factories …..anywhere ?

    In this particular case , the Hon’ Speaker has usurped all three functions ……for not applying natural justice …… , like going back a thousand years of human civilization ! !

  8. Reading the Rebuttal, it is so learned. It explains so clearly that Speaker and AGC are wrong to claim parliamentary privilege and supremacy. If layman like me can understand , surely Judge can understand. I hope truth will prevail. I hope Judge will put Speaker in his place n show whst a bloody fool he is.

  9. Thank you Prof Shad for helping Tuan Rosli. Show them what real law is ! This point of Constitutional Supremacy is Law101!

  10. I agree with LawStudent. Not just Prof Shad Fariuqii but all of academia are behind Tuan Lawyer Rosli Dahlan. These are the ultimate Patriots fighting for King, Constitution and Rule of Law. And they do it without hopes of getting Dato and whatever titles !

    A recently conferred Artist Dato just got charged for marijuana. Who deserve Datoship? Rulers must also see who is fighting for King and country not just reward artists!

  11. UMNO and BN think that they are the Constitution unto themselves since they had 2/3 majority all this while and have been able to bulldoze almost every legislation tabled in Parliament and reject those tabled by the Opposition. Such arrogance have become ingrained in UMNO legislatures.

  12. Rosli’s Rebuttal sets out very clearly the correct position of the law. Hadi’s Motion and RUU 355 should not have been accepted by the Secretary of Dewan Rakyat for non-compliance with O.49 of the House Standing Orders.

    RUU355 touches on Islamic law which is within the purview of the Malay Sultans as the Head of Religion of their respective states . The moment a bill of such nature is proposed, prior consultation and consent of the Conference of Rulers is required under Art. 38. Failure to do so is contemptuous and treasonous against the Agong and the Rulers. The Speaker and Secretary should be charged for sedition.

    In any event once all these are raised, it becomes a question of law and legal interpretation . The powers to interprete laws vest with the courts or the judiciary under Art.121. It is not for the Speaker to say he is above the Law. And the Constitution.

    The Court must not abdicate it’s constitutional duty. Judge Kamaludin must not be afraid of the Speaker. judge Kamaludin is beholden to the Constitution not the Speaker!

  13. We of AIKOL IIU support Prof Shad to support our alumni Lawyer Rosli Dahlan. We are proud of this 1st Batch of IIU who is fighting for the position of the Sultan, the Constitution and the Rule of Law without fear for his personal safety.

    May Allah protect all the good honourable men.

  14. Malaysia was born out of the Constitution, without which nothing in the country can exist. That in includes the parliament and speakers seat and position.

    Unlike the (ASS)* Umnobputera’s perpetual fake claim in Supremacy in everything they do not entitled or own, a child would have the wisdom to know who comes first, the father or the son.

    Shameful for the speaker to have not known that the Constitution rules supremely, everything else is secondary. This is an indisputable fact.

    *(ASS)= Attitude Supremacy Sickness.

  15. Hello Anak Dato, so what if Rosli is or is not a Dato? What difference does it make? A man like him doesn’t need a title to be credible unlike that Speaker Tan Sri Pandikar. Whatever title that he heaps on himself doesn’t change the fact that he is a scumbag, a liar, a cowardly derhaka pondan!

  16. Boys, please don’t quarel about whether Rosli is or is not a Dato. Honour him and his teacher Prof Shad Faruqi by reading his crisp lucid explanation of the law. Let’s all support their efforts so we can have a moral government and parliament. The whole civil society movement shoukd rally behind this. RUU 355 will divide us. So lets say No to it.

  17. “Again in court, Pandikar did not dare fight Tawfik. Instead he asked the A-G Chambers to strike out Tawfik’s suit.”

    Aneh you can’t be powerful if you behave like pondan!

  18. “If you have power, you are powerful. If you don’t use that power, you are a bloody fool.”

    Judge Kamaludin pls show this moron the bloody fool that he is.

  19. “From the grapevine, I heard that Rosli had the assistance of Emeritus Professor Dato Dr Shad Faruqi, the eminent constitutional expert of Malaysia.”

    Our Sultans should heed this case- where the ordinary people is defending their rights to protect all Malaysians and the Umno Govt and its stooge Speaker Parliament is undermining the Rulers !

  20. By layman simple logic and interpretation , the Constitution rules Supremely is all convincing .
    By jurisdiction, RUU 355 is UNCONSTITUTIONAL , because ” it fails to perform the task (ii) under Schedule 9, List II ,para 1…..” stated in Rosli reply. This is indisputable.

  21. Pandikar Amin is not fit to be Speaker or any part of Parliament. Dishonest, partisan, turncoat and disloyal to King and country

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