February 23, 2018
RUU 355: The Bloody Fool Speaker Pandikar Amin
by Din Merican
On February13, 2018, I wrote about Tawfik Tun Dr Ismails’s case against the Speaker and secretary of the Dewan Rakyat for wrongfully allowing the tabling of a Bill by PAS chief Hadi Awang seeking to increase the sentencing powers of the Syariah Courts more famously known as the RUU355 case.
Tawfik Tun Dr Ismail claimed that Speaker Tan Sri Pandikar Amin Mulia acted unconstitutionally by allowing the tabling of Hadi’s Motion and RUU355 without consulting the Conference of Rulers and breaching various laws and the standing orders of Parliament. This amendment would also create inequality in the law amongst Malaysians especially Muslims for purported Syariah criminal offences as the Syariah laws in the states are not uniform.
This case showed that PM Najib and UMNO were playing politics with religion and the Speaker behaved deceitfully in Parliament. See link:
Malaysia: The Constitution is Supreme not Speaker Parliament Pandikar Amin !
My friend Lawyer Rosli Dahlan, who represented Tawfik, pointed out to Judge Dato Wira Kamaludin Said that Pandikar was misleading the court and showed that the doctrine of Parliamentary supremacy does not apply in Malaysia.
Lawyer Rosli revealed the abuse of parliament by the politicians to pass bad laws for political mileage without concern for the Rakyat especially Muslims. He also said that the Speaker committed treason against the Sultans by sidelining and disregarding the Rulers role to be consulted under Article 38 of the Constitution.
To avoid answering to Rosli’s charges about his treasonous behavior, Pandikar applied to strike out Tawfik’s case by claiming that as Speaker he has absolute immunity and is not answerable to the Courts.
Speaker Pandikar arrogantly defended his deceitful ways by saying -“If you have power, you are powerful. If you don’t use that power, you are a bloody fool!”
On Thursday afternoon February 22, 2018, Judge Kamaludin delivered his verdict that Parliament is not supreme and that the Speaker of Parliament is also subject to the Court’s jurisdiction.
The Judge said -“I agree with En Rosli and in my opinion, the court has jurisdiction to hear this case,” and directed Pandikar to file his affidavits. “I want affidavits to be filed in quick. We cannot keep Parliament waiting,” he said.
By these firm words, Judge Kamaludin has shown to Speaker Pandikar that he is not above the law. Pandikar has been put into his proper place and is now forced to eat the humble pie that he is not as powerful as he thinks he is. Judge Kamaludin is showing to Pandikar that a speaker who thinks he is powerful is actually the ultimate bloody fool!
Pandikar who had arrogantly refused to answer to the affidavits by Tawfik is now being treated like a delinquent child who refused to hand up his homework. Judge Kamaludin is now chiding Pandikar that he will be punished if he doesn’t file his affidavit.
Once again my friend Lawyer Rosli Dahlan is taking to task public functionaries who misbehaved and abused their powers regardless even if he is the Speaker of Parliament. I salute him for his bravery. Rosli had previously sued Attorney General Gani Patail and successfully moved the court to rule that Gani’s does not have absolute unbridaled powers as Public Prosecutor.
The RUU355 case is significant because a High Court Judge is brave enough to instill discipline even in the Speaker of Parliament that there must be respect and compliance with the Constitution. It is significant because a member of the public is suing the Speaker of Parliament not to sideline the Rulers in matters that involve public policy. This case symbolises the people defending their rulers. Daulat Tuanku!
Thank you Tawfik, thank you Rosli for showing us that Pandikar is the ultimate bloody fool!
https://www.themalaysianinsight.com/bahasa/s/39255/
Former UMNO MP can challenge Dewan Rakyat Speaker on RUU355, court rules – https://www.themalaysianinsight.com/s/39252 – Updated: 22 Feb 2018 3:58PM – The Malaysian Insight
Din Merican: the Malaysian DJ Blogger 
Pandikar had foolishly exceeded the limit of parliament privilege in allowing the tabling of RUU355 which was not first approved legitimately by the Conference of Rulers. He had broken or complicit in breaking the process of the laws derived from Federal Constitution which rules Supremely and from which the position of the Speaker was constituted .
He can be investigated and charged for the wrong doings, including abuse of power , based on official complaint from Tawfik or members of public.
Rosli has done a big favour for interest of people and Constitutional Monarchy Democracy System Malaysia had since adopted.
Yes it is an absolute abuse of power by the present Speaker who thinks he is mightier than the Sultans and the Almighty God! Throw the book on him and get him to renounce his position as Speaker in Parliament.
The Dewan Rakyat Speaker in his arrogance and desire to serve his master unreservedly is now given a chance to show he either submit to the court or be contempt of it. That is how powerful he is.
I agree with Rosli, Malaysia’s parliament isn’t supreme unlike the U.K., we’re taught at first year at law school to differentiate & analysed countries like & unlike our system I think Pandikar is nut…
The parliamentary speaker thinks he is above all others as long as he is the speaker who has absolute power to make his own decision.We must remember that any passing of Islamic laws must be approved by the sultans before going to parliament unlike UK. He has in fact….becomes a BLOODY FOOL.
The parliamentary speaker thinks he is above all others as long as he is the speaker who has absolute power to make his own decision.We must remember that any passing of Islamic laws must be approved by the sultans before going to parliament unlike UK. He has in fact….becomes a BLOODY FOOL.
You mean you had doubts that he was, is & has been a BLOODY FOOL all these years??? LOL!!!
I’m so glad the arrogant speaker being put in his place…. Frankly the sigh of this buffoon is revolting n I’m really celebrating inside myself n will pray he gets reprimanded. I hope one by one those misusing their positions be brought back down to earth.
It’ll happen once Umno/BN is booted out. Then there will be a mad scramble for the exit door with only the slimmest making through. The fatsos will be caught and will be skinned alive. I’m waiting for that fateful day with much glee.
Speaker ni memang bahalul!
He has disgraced the position of Speaker, tarnished Parliament as a legislative body that breaks the law and committed treason against the Rulers.
Dear Sultans please be awakened that the government cannot be trusted to observe the Constitution and will sideline your role. The people are defending Your Highnesses. But please also play your part as Your Highnesses have a role not just ceremonial.
Raja dan Rakyat berpisah tidak. Daulat Tuanku!
Yes, Rosli has won a battle, (albeit a significant one only because of today’s politically heated climate), but the war is still on and may even be lost when the substantive issues are tried, which may only happen no earlier then 2-3-4 years from now.
We therefore have to see the court’s decision today in context.
It is merely a preliminary “striking out” proceeding and it is appealable to the Court of Appeal.
In any case the learned judge couldn’t rule otherwise, heck, even a 2nd year law student couldn’t rule otherwise as the doctrine of “Separation of Powers” is so entrenched in our parliamentary democracy that to rule otherwise would be to deny it altogether, or in Pandikar’s own words, to confirm he is all powerful, more powerful than any Court of Law and therefore beyond the Court’s inherent power of “judicial review”
However, when the triable substantive issues of whether Pandikar, sitting a Speaker, was acting in ultra vires of the Constitution, with malicious intent, etc; heck, Rosli may even throw in contravention of “natural justice”, hidden political connivance / agenda to usurp time-honored checks and balances, or that Pandikar was simply plain mad for good measure, is when and where the final battle is won or lost.
But one thing is clear. Pandikar may be guilty of all the above, and may be more, he had committed no crime, at least not the jaillable kind. Whether Parliament itself could reprimand him is itself in question. Hence it went to his head that he was “powerful” and therefore could act accordingly, otherwise you are a bloody fool says he.
This, my friend, is why only men of integrity should be allowed to enter Parliament, and even more so of someone as powerful as its Speaker.
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The speaker has his head so far up MO1 posterior that he’s choking from the stench and cannot speak coherently.
In any democratic society, there is no such laws on politics to have absolute power unlike Zimbabwe under Robert Mugabe who ruled the country for 63 years. In Malaysia, it works quite similar with twisted laws to clamp on politicians by putting whistle blowers to jail at this time when election is about to begin. More to come for those who openly opposed the wrongdoings of some political issues.
Pandikar is another who inspires visions of twisted minions of Sauron being dropped into vats of boiling oil or lined up against the wall & shot (perhaps too kind a fate for such despicable scoundrels).