IF parliamentarians find PAS MP Datuk Seri Ismail Abd Muttalib’s (PN-Maran) queries in the august house to be seditious, they may submit a motion to the Speaker’s Office.
Deputy Dewan Rakyat speaker Alice Lau mooted the idea after DAP leader and Penang’s deputy Chief Minister II Prof Ramasamy Palanisamy said Ismail could be charged under the Sedition Act for his incendiary written parliamentary questions.
“So far, I haven’t heard of MPs submitting motions (on this matter). It means there are no issues on the Parliament’s end,” Malaysiakini reported Lau as saying yesterday (April 13). “I don’t think it’s for the Parliament to decide whether (Ismail) can be charged (under the Act) or not. Not our power to decide.”
Moreover, Article 63(2) of the Federal Constitution states that lawmakers will not be liable to proceedings in court for anything said or vote given by them during Dewan Rakyat/Dewan Negara proceedings of any committee thereof.
However, Article 63(4) countermands this for offences involving the Sedition Act 1948 and laws enacted under Article 10(4) that protect the national language, Bumiputera quotas and the Malay rulers.
Earlier on Wednesday (April 12), Ismail had submitted a parliamentary question asking the government to justify its rationale for “recognising” citizens born after independence regardless of “skin colour”.
The Maran MP also inquired as to why Chinese new villages were still being maintained and whether communism still existed in those areas.
While he had not named Penang in his parliamentary question on why a “state government” had issued a ban to all mosques in the state to lower the volume of the call for prayers (azan), this appeared to be a clear reference to DAP-led Penang which since 2011 has dealt with misinformation on the matter.
The prohibition on the use of loudspeakers for the reading of Quranic verses before dawn prayers – as opposed to call for prayers – was supported at the time by PAS.
Furthermore, Lau outlined the parliamentary question vetting process which begins with MPs submitting their questions to the Dewan Rakyat secretary. This would be followed by the Dewan Rakyat secretary meeting with the ministries to send questions addressed to them.
“If there are any questions that go against the Standing Orders (of the Dewan Rakyat), the ministries will alert Parliament. The secretary will then inform the speaker of those questions and the speaker will decide to reject or maintain them,” noted Lau.
“In Ismail’s case, the ministries involved did not flag his questions for the speaker to consider. Even the ministries have already given their written replies. To them, it’s nothing sensitive, I guess, so they allowed the questions to be asked and answered.”
Recalling prior rejections of her inquiries as a parliamentarian, the Sarawak DAP deputy chairperson said the Speaker’s Office will provide an explanation for the move, citing the law. – April 14, 2023
Main photo credit: JPM
