Gobind stays suspended but gets salary
(The Star) – KUALA LUMPUR: Puchong MP Gobind Singh Deo’s one-year suspension from Parliament stays but he will receive his remunerations, benefits and allowances, the High Court ruled.
Justice Mohd Ariff Mohd Yusof said the Dewan Rakyat was empowered under its Standing Orders to suspend MPs found in contempt of the House, and Gobind’s allegation that the then Deputy Prime Minister Datuk Seri Najib Tun Razak was involved in a murder case was an act of contempt.
He ruled that the proceedings of the Dewan Rakyat in suspending Gobind could not be reviewed by the courts by virtue of the privileges of Parliament, as provided for under Article 63(1) of the Federal Constitution.
Justice Mohd Ariff, however, noted that the Dewan Rakyat’s Standing Orders could not suspend Gobind from “his duties as an MP”, but only from his service to the House.
He ruled that the choice of words in Gobind’s suspension was “merely one of form and not substance”, and that Gobind’s duties as Puchong MP remained unaffected.
On the issue of remuneration, the court ruled that there was no legal provision to withhold an MP’s benefits and allowances, and so declared that Gobind was entitled to his.
He then ordered that the monies owing to Gobind since his suspension on March 16 be paid up with an 8% interest.
On March 16, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia suspended Gobind from “his duties as a Member of Parliament for 12 months” for his allegations against Najib.
The suspension came after the Dewan voted for a motion against the DAP MP.
Subsequently, on April 24, Gobind filed a writ of summons against the Speaker, Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz, the Dewan Rakyat secretary and the Government.
In applying the principles of the recent Federal Court decision in the case of Datuk Dr Zambry Abd Kadir & Ors v V. Sivakumar, Justice Mohd Ariff said it was for the courts to ascertain whether powers claimed by the House had in fact been provided for.
On April 17, a panel of five Federal Court judges unanimously ruled that Sivakumar, then the Perak Speaker, did not have the power to suspend Perak Mentri Besar Datuk Dr Zambry Abd Kadir and six state executive council members from the state assembly.
