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 Pandikar Amin
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KUALA LUMPUR (April 23, 2009) : Puchong MP Gobind Singh Deotoday filed a suit seeking declarations that his suspension as a Member of Parliament on March 16 for 12 months is null, void and of no effect.
Gobind, who filed the suit at noon in the High Court registry also filed a certificate of urgency for the suit to be heard immediately.
In the summons, Gobind named the Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia, Minister in the Prime Minister's Department Datuk Seri Mohamad Nazri Abdul Aziz, Dewan Rakyat secretary Datuk Rosmee Hamzah and the government as the defendants.
He is seeking a declaration that his "suspension as a MP by the first defendant (the Speaker) pursuant to a motion moved by the second defendant (Nazri) on March 16, 2009, and adopted by the Dewan Rakyat is null, void and of no effect".
Gobind also wants:
> a declaration that he is entitled to remuneration and other benefits constitutionally granted to him under Article 64 of the Federal Constitution pursuant to the Member of Parliament (Remuneration) Act, 1980 (Act 237);
> (During the suspension, Gobind is to be deprived of all remuneration and privileges as an MP) a declaration that his suspension by the Dewan Rakyat is unconstitutional in that it contravenes the equality provisions of Article 8 (1) of the Federal Constitution;
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 Gobind Singh
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> a declaration that the proceedings and decisions taken in the Dewan Rakyat culminating in his suspension on March 16 are not immune from scrutiny by this court;
> a declaration that a letter dated March 18 under the hand of Dewan Rakyat secretary is null, void and of no effect. Alternatively, the orders adverted to in the letter are unenforceable in law;
> an order that an account be taken of all allowances, emoluments and other benefits he is entitled to and that same be paid to him forthwith; and
> an order that the plaintiff be free to attend forthcoming sittings of the Dewan Rakyat without any hindrance or obstruction at the instance of the Speaker.
He is also seeking for interest, costs and any other relief deemed fit by the court.
In an affidavit filed together with the originating summons, Gobind, from Messrs Gobind Singh Deo & Co said at the sitting of the Dewan Rakyat on March 16, Nazri moved a motion against him.
The father of four children aged between four years and five months said by a letter dated March 18, the secretary informed him of his disentitlement to all allowances and benefits as an MP following his suspension.
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 Nazri Aziz
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"I respectfully state (that) I was deprieved by the Speaker of the opportunity to rebut the allegations set forth against me in the motion moved by Nazri in the Dewan Rakyat on March 16, in contravention of the rules of natural justice," he said in his affidavit.
He said the action taken against him was beyond Standing Order 44 of the Standing Orders of the Dewan Rakyat and therefore not on the authority of any valid or legal power.
Gobind said the proceedings in Parliament were in contravention of Article 8(1) of the Federal Constitution in that he was deprived of equality provision of the law, having regard to the proceedings of the Dewan Rakyat relating to the suspension of Karpal Singh on Nov 22, 1984, for his remarks relating to the conduct of Sultan of Johor, then the Yang di-Pertuan Agong.
Karpal was not deprived of his remuneration, benefits and allowances under MP (Remuneration) Act. "Clearly, having regard to this position, I have been deprived of the equality provision of Article 8(1) of the Constitution. On this score, the proceedings against me in the Dewan Rakyat stand unconstitutional."
He also said the court had the jurisdiction to scrutinise the proceedings relating to his suspension in the Dewan Rakyat.