Alauddin bin Mohd. Sheriff
Alauddin bin Mohd. Sheriff
DISGRACE#07 Alauddin bin Mohd. Sheriff, currently president of the Court of Appeal, ruled on Apr 16, 2009 that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly. It is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.
The judges of the Federal Court have failed the people and the government of this country when they chose to ignore the law of the Constitution of Malaysia. In other words the judges have refused to do justice according to law.
Incidentally, ultra vires does not mean “outside the law”. It means “outside one’s jurisdiction, beyond the scope of one s power or authority”. And we may ask, who is the Federal Court to say what is beyond the jurisdiction of the Speaker when the supreme law of the country says that “the validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.
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