Thursday 28 Mar 2024
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PETALING JAYA: Convicted opposition leader Datuk Seri Anwar Ibrahim will not be making an appearance when the Dewan Rakyat convenes next week as no one has the legal authority to direct the prison authorities to produce him in parliament, said former attorney-general Tan Sri Abu Talib Othman.

The government’s former legal adviser further said neither the Dewan Rakyat speaker nor the home minister has the legal clout to order that Anwar be produced in parliament. “I don’t think the law has been amended to allow the speaker and the minister to order that a convicted MP attend proceedings,” he said.

Abu Talib said Anwar had been sentenced by a court of law in accordance with the Federal Constitution and the applicable law.

“He has been ordered to be placed in custody after he was sentenced to five years’ jail,” he told The Malaysian Insider in response to allegations that Home Minister Datuk Seri Ahmad Zahid Hamidi was evading his responsibility in deciding whether Anwar could attend Parliament next week.

He said the speaker only presided over meetings and his powers were all provided in the constitution and the standing orders. “It is beyond the powers of the speaker to direct the Prisons department to produce Anwar, who is also the Permatang Pauh MP, to attend the daily parliament sittings,” he added.

Earlier in a joint statement, lawyers N Surendran and Latheefa Koya said the law was clear that Ahmad Zahid was the final and legal authority to decide whether Anwar could attend Parliament’s first sitting which begins on March 9. Ahmad Zahid said on Monday that only the Pardons Board, AG and the speaker had the final say whether Anwar could attend Parliament.

“[Ahmad] Zahid’s statement is shocking, incomprehensible and a direct contradiction of the Prisons Act 1995,” they said.

The lawyers referred to Section 13(1) of the Prisons Act, which states that the Prisons director-general “shall be responsible” to the minister for the due observance of the provisions of the law. The lawyers also criticised Ahmad Zahid’s suggestion that the Pardons Board be allowed to make a decision first, saying that if the Pardons Board made a decision one way or the other, the issue of bringing Anwar to Parliament from prison would not arise at all.They also decried Ahmad Zahid’s move in responding to their request for Anwar to attend the sitting through the media instead of replying to them directly.

Anwar’s lawyer had written a letter to Ahmad Zahid on Feb 25 to instruct the prisons department to escort Anwar to attend the sitting.

Meanwhile, PKR secretary-general Rafizi Ramli said on Tuesday that Pakatan Rakyat lawmakers would stage protests in the event Anwar was barred from attending the sitting. Although he did not say what form of protests would be held, Rafizi confirmed that his party and allies DAP and PAS would take steps to address the matter.

“There are some plans specific to the unjust decision taken against Anwar that Pakatan MPs will take.”

“I think it is better for the parties’ whips to announce but definitely we will have some action,” he told a conference at PKR headquarters on Tuesday.

Abu Talib, who was AG for 13 years until 1993, said Anwar could attend Parliament if he is given a pardon. He said in the interest of Permatang Pauh voters, the Pardons Board should sit as soon as possible to dispose of this matter.

On Feb 24, Speaker Tan Sri Pandikar Amin Mulia announced that Anwar remained as Permatang Pauh MP and opposition leader pending a decision on his petition to the Yang di-Pertuan Agong.

Anwar’s wife Datuk Seri Dr Wan Azizah Wan Ismail and daughter Nurul Izzah Anwar presented a petition for a royal pardon to Istana Negara just before the 14-day deadline expired.— The Malaysian Insider


This article first appeared in The Edge Financial Daily, on March 5, 2015.

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