KUALA LUMPUR – The police investigation into Hulu Kelang assemblyman Datuk Seri Azmin Ali violates the immunity given to elected lawmakers when speaking in the legislative assembly, Perikatan Nasional (PN) said.
“It has never happened in the history of democracy in this country, that a member of the legislative assembly elected by the people has action taken against him for what he said in the course of fulfilling his responsibilities in Parliament or the state legislative assembly,” PN chief whip Datuk Seri Takiyuddin Hassan said in a statement today.
He was referring to the investigation into Azmin for remarks made in the Selangor assembly in March questioning alleged misappropriation by Selangor State Development Corp (PKNS).
Azmin, who is Selangor opposition leader, is to appear at the Shah Alam district police headquarters today for questioning. He said yesterday that the notice issued to him to present himself to police was under Section 111 of the Criminal Procedure Code.
Takiyuddin called for a stop to intimidation of opposition lawmakers and for the notice to be withdrawn immediately.
“It is democratic practice in any country that every MP or member of the state legislative assembly has immunity and protection from any criminal prosecution or civil action, for any matter said or debated in the assembly, as long as it does not violate what is stipulated in the standing orders of the meeting.
“This principle of immunity has been clearly outlined under Article 63 of the Federal Constitution and also the state constitution, particularly Sections 2 and 3 of the Laws of the Constitution of Selangor 1959,” Takiyuddin said.
He also cited a Federal Court decision affirming the principle of immunity for elected representatives when speaking in the legislature, in a 2014 case involving DAP lawmaker Gobind Singh Deo.
Takiyuddin said the chairman of PKNS was also the menteri besar of Selangor, and slammed the investigation into Azmin as an act of “cowardice and desperation” aimed at covering up possible administrative malpractice.
“The government, which now seems to be afraid of its own shadow, has not only failed to engage in healthy and professional discourse to answer issues, but has taken draconian measures to silence criticism and restrict freedom of expression,” he said. – May 21, 2024