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MP’s bid for judicial review: Judgment reserved

Thursday, 22 September 2011 09:07am

©The Sun (Used by permission)
by TAN YI LIANG

PUTRAJAYA: The Court of Appeal has reserved judgment on an appeal by the Attorney-General’s Chambers against a High Court decision to grant Sungai Siput MP Dr Michael D. Jeyakumar leave to apply for a judicial review of the allocation of federal funds to elected representatives.

“In view of the importance of this matter, we will take time to deliver this judgment at a date to be fixed,” quorum chairman Datuk Low Hop Bing, sitting yesterday with justices Datuk Abdul Wahab Patail and Anantham Kasinather, said.

In submissions yesterday, Senior Federal Counsel Suzana Atan argued that the application for judicial review was an abuse of process of the court and lacked substance.

“The subject matter is the prerogative of management and is not reviewable. In granting leave, the High Court did not take into account our objections,” she said.

Suzana argued that the disbursement of funds to MPs was a management prerogative and a policy decision and that the court was not the proper forum to review it.

In rebuttal, Jeyakumar’s counsel, Datuk Ambiga Sreenevasan, said what was being sought was transparency in the way in which funds are allocated to MPs, adding that it is a waste of public funds to pursue the appeal in the Court of Appeal.

“When they oppose at the leave stage, the AG’s Chambers is the guardian of public interest. How is the public interest served by appealing the High Court decision? How is the public interest served when they are turning a simple matter into a drawn out proceeding?” she asked.

Sreenevasan pointed out that while the AG’s Chambers had raised the issues of management prerogative and policy decision, the High Court judge had set aside the objections on the ground that proof is required from the government in addition to the AG’s claim.

On Feb 25, Kuala Lumpur High Court Judge Datuk Aziah Ali had granted Jeyakumar leave to apply for judicial review.

Jeyakumar is seeking a writ of mandamus for a full disclosure from the director-general of the Implementation and Coordination Unit of the Prime Minister’s Department of how federal funds are allocated to MPs. He is also seeking a declaration that under Article 8 of the Federal Constitution, allocations should be made available to MPs, regardless of party affiliation.

(Article 8 states that all persons in Malaysia have the right to equality and freedom from discrimination.)

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