KUALA LUMPUR, Feb 28 — The imprisoned Datuk Seri Anwar Ibrahim has no explicit right to attend Parliament despite remaining federal opposition leader for duration it takes to decide his bid for a royal pardon, according to legal experts.
Despite acknowledging that the Permatang Pauh MP has no such entitlement, however, they said he should still be granted permission to be present during parliamentary sessions to fulfil his duty as the elected representative of his constituents.
Bar Council constitutional law committee chair Firdaus Husni argued that failing to grant Anwar permission to attend Parliament could create another legal complexity as he risks disqualification if he is absent from Parliament for six months without leave, as stated under Article 52 of the Federal Constitution.
“Although the Federal Constitution is silent, by virtue of Article 48(4)(c) of the Federal Constitution, he is still an MP, which carries a certain duty and responsibility particularly towards his Permatang Pauh constituents. So he should be allowed to attend Parliament,” said Firdaus.
Article 48(4)(c) of the Federal Constitution states that the disqualification of an MP shall take effect only when the petition for a pardon is disposed of, in the event a petition is filed.
Anwar’s family submitted such a petition to the Yang di-Pertuan Agong on Tuesday, just hours before he would have been automatically disqualified by virtue of the five-year prison sentence for sodomy he received from the Federal Court on February 10.
Firdaus said Anwar, who is also PKR de facto leader, could attend Parliament when it reconvenes on March 9 by obtaining an order under Section 31(1)(a) of the Prison Act 1995, which states that the Prison Commissioner General may, through a written order, direct that a prisoner be taken to any place in Malaysia if the government official is satisfied that there are “reasonable grounds” requiring the prisoner’s presence there.
“The reasonable grounds would be in Article 48 and Article 52 of the Federal Constitution,” said the lawyer.
Constitutional lawyer New Sin Yew also said Anwar should be allowed to attend Parliament as it would be against the spirit of the law of Article 48(4)(c) of the Federal Constitution if the federal lawmaker were to lose his seat because of Article 52.
“To me, Anwar’s disqualification has not taken effect so he should be allowed to exercise his duties as an MP, which is attending Parliament, and the Commissioner General should recognise that,” New told Malay Mail Online.
Civil liberties lawyer Syahredzan Johan similarly said there was no reason to prohibit Anwar from attending Parliament as the federal opposition leader has yet to be disqualified as MP.
“Especially since if he doesn’t attend for six months, his seat may be declared vacant. Also, the people of Permatang Pauh should not be denied representation and be in a limbo,” Syahredzan told Malay Mail Online.
PKR claimed on Wednesday that Anwar has the right to attend Parliament as a lawfully elected lawmaker.
On February 10, the Federal Court upheld the Court of Appeal’s 2014 ruling that reversed Anwar’s acquittal of sodomising former aide Mohd Saiful Bukhari Azlan, and sentenced the Permatang Pauh lawmaker to five years’ jail.
Anwar could be freed and retain his Permatang Pauh seat in the event the Agong grants him a pardon, but criminal lawyers have said there is no set time for when the petition be answered, noting that it could remain unheard for years.
