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Parliament has no power to withhold salary and remuneration of MP, Federal Court rules

The Federal Court today upheld the decision of the High Court and Court of Appeal ordering Parliament to pay salary and remuneration withheld from me during my one year suspension in 2009.

The Federal Court ruled there is no law which gives Parliament the power to withhold the salary and remuneration of a Member of Parliament.

The unanimous judgment of the Federal Court written by Federal Justice Tan Sri Suriyadi Halim Omar was read out by Federal Justice Tan Sri Jeffrey Tan. Senior Federal Counsel Amarjeet Singh appeared for the Speaker of the Dewan Rakyat, whilst Sangeet Kaur Deo and S. Prakeas appeared for me.

I am pleased with this decision. It is sound in law and stands to reason. The salary of an elected representative is provided for by the Federal Constitution. An elected rep who is suspended remains an MP who must still carry out his duties as MP outside Parliament. There are many MP’s who are full time politicians who depend wholly on their salaries to sustain not only themselves but their families as well. Any order which takes away that source of income is most draconian and oppressive.

This was probably the last civil case argued by Mr Karpal Singh in the Federal Court prior to his passing in April this year. I thank him and my family wholeheartedly for standing by me throughout this battle.

Mr Karpal Singh said to me that if we won this case, it would be his hope that Parliament would review all other previous suspensions of elected representatives and reimburse them with their salaries and remuneration if withheld from them.

I hope the Rt Honorable Speaker of the Dewan Rakyat Tan Sri Pandikar Amin Mulia would consider that request.