Balia Yusof bin Haji Wahi
Balia Yusof bin Haji Wahi
Balia Yusof bin Haji Wahi, currently a judge at Kuala Lumpur high court, dismissed on Apr 1, 2009, Perak state assembly speaker V. Sivakumar’s application to strike out summons by brought by the three independent assemblymen, seeking a declaration that Sivakumar’s order to declare their assembly seats vacant was illegal.
Balia Yusof’s decision is a stark violation of the very fundamental of separation of powers, where proceedings in the Legislative Assembly of any State cannot be intervened by the court.
Article 72, Clause (1) ofthe Federal Constitution clearly states:
72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
Such plain language and yet, such a shameful judge decided to go against his conscience to take side for the ruling UMNO, at the expense of our democratic foundation, eroding the ideal of separation of powers.
Reference:
[...] DISGRACE#06 Balia Yusof bin Haji Wahi, currently a judge at Kuala Lumpur high court, dismissed on Apr 1, 2009, Perak state assembly speaker V. Sivakumar’s application to strike out summons by brought by the three independent assemblymen, seeking a declaration that Sivakumar’s order to declare their assembly seats vacant was illegal. [...]