Thursday, March 08, 2012

Sungai Siput MP D Jeyakumar granted leave to appeal to the Federal Court

Sungai Siput MP D Jeyakumar was successful in his application for leave to appeal to the Federal Court. One has to apply for leave (permission) to appeal to the Federal Court, and the granting of leave is very rare - and, as such this must be seen as a 'victory' - but now, the Federal Court will fix a hearing date to hear the appeal, and decide whether whether to grant them leave to go back to the High Court and argue their case in full.

The Star Report heading is misleading - for this just the leave stage - not a decision after the full hearing of the appeal by the Federal Court.

My hope is that Jeyakumar is also successful in this appeal - Malaysian judiciary must really start playing their 'check and balance' role in government, especially with regards the Judiciary. It is sad that in Malaysia many legal challenges and questions involving the executive decisions/practices have been 'avoided' by the Malaysian judges, preferring rather to dismiss it based on some technical or preliminary objections, rather than just hearing the said applications/claims that is already before the court on merits. (Even now, the case about Lynas, our government lawyers are yet again raising 'preliminary objections' -Lynas - Urgent, so BN government lawyers should withdraw technical objections)

I sincerely hope that our Malaysian Judges and Courts will start being brave, forgetting not that they are really the Malaysian peoples' Judges and Courts, and not the BN government's Judges and Court, and that they play an important role in a true democracy - being the third branch of government... I appreciate that there is a lot of factors that worry many judges - the fear of transfer, the fear of not being elevated, the fear that after retirement they may not get chosen as Commissioners here and there, or Directors ...or Consultants (noting that judges current salary and pension is very low compared to many other jurisdictions) - So, be brave my judges and act justly guided by your conscience and positive values...

MP granted leave to question 'management prerogatives'
The Federal Court in Putrajaya today granted leave for an MP to question the merits pertaining to 'management prerogatives'.

This is in regard to Sungai Siput MP D Jeyakumar's ongoing application for leave for a judicial review of the way the federal government allocation for his constituency was distributed.

It was an unanimous decision by a five-member bench led by Chief Justice Arifin Zakaria.

The matter of "management prerogative" by the executive to distribute the funds as they see fit whether through the elected representatives of a constituency or not, was brought up by the AG in arguing against Jeyakumar's application in the lower courts.

"This is still at the leave stage, it is a small step but it is an important question for the proceedings," said the MP's lawyer S Ambiga, when met after the decision was read.

She said that the Federal Court will now decide whether to grant them leave to go back to the High Court and argue their case. - Malaysiakini, 8/3/2012, MP granted leave to question 'management prerogatives'

Federal Court allows appeal by Dr Jeyakumar over MP funds


PUTRAJAYA: The Federal Court has allowed Sungai Siput MP Dr Michael Jeyakumar Devaraj's appeal against the Appellate Court's decision to reject his judicial review application regarding a developmental fund for parliamentary constituencies.

Chief Justice Tan Sri Arifin Zakaria said it was a unanimous decision of the five-man bench to allow the application.

On Oct 10, the Court of Appeal allowed the Attorney-General's application to set aside a High Court's decision in granting leave to the MP to initiate judicial review to challenge the government agencies' decision to reject Jeyakumar's application for the Special Constituency Allocation.

Dr Jeyakumar filed the legal action after his application to the Perak Development Office director, for funds to be used as contributions to SMJK Shin Chung, SJK Methodist and Nurul Ihsan Orphanage, as well as funds for small projects to benefit Orang Asli villages, was rejected via a letter by the director on Oct 12, 2010.

In the judicial review filed on Oct 29, 2010, the Parti Sosialis Malaysia leader named the director-general of the Implementation Coordination Unit of the Prime Minister's Department, Perak Development Office director and the Government as respondents.

He sought, among others, a declaration that the Special Constituency Allocation must be provided to all MPs equally, regardless of political affiliation, in accordance with Article 8 (1) of the Federal Constitution.

Representing him was former Bar Council chairperson Datuk S. Ambiga while Senior Federal Counsel Suzana Atan acted for the Government - Star, 8/3/2012, Federal Court allows appeal by Dr Jeyakumar over MP funds

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