Monday, March 9, 2009

Nizar vs Zambry: NEXT IS SAVE THE TREE CAMPAIGN!

An excerpt from 'The arrogance of a novice judge' by NH Chan a former Court of Appeadl Judge famous for his 'All is not well in the House of Denmark' comment regarding judicial corruption. He was then referring to High Court's commercial division which was located in Wisma Denmark, Kuala Lumpur. The quote is based on Shakespeare's 'Sometheing is rotten in the state of Denmark':
According to newspaper reports, the case is an application by (BN-appointed menteri besar) Zambry Abd Kadir to the court to declare the decision of speaker Sivakumar in the legislative assembly to suspend him and his six exco members as unconstitutional and unlawful.
The question is, can the courts decide on the validity of the proceedings in the Legislative Assembly?

The answer is staring at us right here in the Federal Constitution. Article 72, Clauses (1) to (3) states:

“(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any state.”

So now you know from the Federal Constitution itself that the validity of the suspension of Zambry and his six exco members by the speaker in the state assembly cannot be questioned in any court.

From what we have read from the newspapers, it seems that there is an injunction against the speaker.

You may wonder how an injunction can be obtained against the speaker when our written constitution says that “no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of the State”.

Oh, by the way, The Star Online reported - 'Tree a symbol of treason and contempt: Zambry':
When asked whether instructions had been given to remove the plaque and uproot the trees, Dr Zambry said: “I don’t want to answer your question.”
However, he said the trees were planted on road reserve, which was under the Ipoh City Council jurisdiction.

Will there be a 'SAVE THE TREE' campaign if there's an order to uproot it? Poor Zambry. He is the most troubled MB of the century - EVEN THE TREE IS NOT ON HIS SIDE. WUAHAHA!

2 comments:

enta omri said...

It seems obvious that zambry is now the new spokesperson for the Sultan of Perak as lately he is the person who gave statement on nizar has derhaka to sultan, said that nizar has no right to see the sultan and that planting the 5 trees and putting a plague at the democracy tree is the ultimate derhaka to the sultan, so on and so forth.

Why must an umno person make such statements on behalf of the sultan? is this conduct condoned by the sultan? in determining whether a citizen has derhaka or not, is it the right of a political members to utter such word against any citizen of this country or is it the sultan's?
if it is true that nizar or anyone elses has derhaka, why the sultan is keeping his silence?

Anonymous said...

Nizar and his lot. They gambled and lost and now want to garner sympathy by planting trees. That particular raintree is dying of shame.

- Perakian

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