Ruling tomorrow on 'MP fund allocation' application
S PathmawathyPublished: Mar 7, 2012 5:59 AM | Updated: Mar 7, 2012 9:57 AM
PSM’s Sungai Siput parliamentarian Dr D Jeyakumar will know tomorrow if he succeeds in getting leave to challenge the government over the RM1 million federal government allocation for his constituency.
PSM’s Sungai Siput parliamentarian Dr D Jeyakumar will know tomorrow if he succeeds in getting leave to challenge the government over the RM1 million federal government allocation for his constituency.
A five-member Federal Court panel led by Chief Justice Arifin Zakaria will decide whether leave should be granted for the parties to go into the merits of the case.
Senior federal counsel Suzana Atan, who acted for the federal government, pointed out today that the disbursement of the constituency allocation "is the management's prerogative" and the practice since 1975.
Ambiga Sreenevasan (left), representing Jeyakumar, argued that members of parliament have a right know how the funds are being disbursed.
Suzana also claimed that the case is now academic as the allocation concerned was for 2010.
"It doesn't matter, the issue here is of consequence for the future to come," interjected Arifin, with which Ambiga to concurred.
Jeyakumar later said he hopes the court will judge the case "fairly and justly".
"It will be a big issue if the way the funds are spent is accounted for publicly," he told reporters, following the adjournment today.
The DAP’s Teluk Intan MP M Manogaran (left), who was present, said the situation could have been avoided if Dewan Rakyat speaker Pandikar Amin Mulia had ensured that all elected representatives are treated equally.
"I hold the speaker responsible... (because) he should direct the Executive, of which the prime minister is the chair, to ensure equal treatment is accorded to all, including constituency allocations,” he said.
"So how is it fair when we are deprived of what is rightfully needed to for the constituency? The speaker has abdicated his responsibilities to ensure all MPs are treated fairly.”
The saga so far ...
Last October, the Court of Appeal had unanimously allowed the federal government’s appeal and dismissed Jeyakumar's application on the ground that disbursement of the allocation is entrusted to specific government officials.
Jeyakumar had cited the director-general of the Implementation Unit of the Prime Minister's Department, the director of the Perak Development Department and the federal government as defendants.
Justice Low Hop Bing had said that it involves the exercise of discretion based on a detailed and comprehensive process of evaluation.
"The director-general or director is not required to approve all and sundry applications for the allocation. (Jeyakumar, right) must show that there is a legal or statutory duty on the part of the director-general and director as a matter of course to approve his 2010 application," Low had said.
The Kuala Lumpur High Court had earlier granted Jeyakumar leave to proceed with a judicial review, to challenge the government's action not to give or provide details of its annual allocation of RM1 million to his constituency.
On Sept 23, the same High Court refused the federal government a stay of the judicial review proceedings, leading to the appeal being filed.
A five-member Federal Court panel led by Chief Justice Arifin Zakaria will decide whether leave should be granted for the parties to go into the merits of the case.
Senior federal counsel Suzana Atan, who acted for the federal government, pointed out today that the disbursement of the constituency allocation "is the management's prerogative" and the practice since 1975.
Ambiga Sreenevasan (left), representing Jeyakumar, argued that members of parliament have a right know how the funds are being disbursed. Suzana also claimed that the case is now academic as the allocation concerned was for 2010.
"It doesn't matter, the issue here is of consequence for the future to come," interjected Arifin, with which Ambiga to concurred.
Jeyakumar later said he hopes the court will judge the case "fairly and justly".
"It will be a big issue if the way the funds are spent is accounted for publicly," he told reporters, following the adjournment today.
The DAP’s Teluk Intan MP M Manogaran (left), who was present, said the situation could have been avoided if Dewan Rakyat speaker Pandikar Amin Mulia had ensured that all elected representatives are treated equally. "I hold the speaker responsible... (because) he should direct the Executive, of which the prime minister is the chair, to ensure equal treatment is accorded to all, including constituency allocations,” he said.
"So how is it fair when we are deprived of what is rightfully needed to for the constituency? The speaker has abdicated his responsibilities to ensure all MPs are treated fairly.”
The saga so far ...
Last October, the Court of Appeal had unanimously allowed the federal government’s appeal and dismissed Jeyakumar's application on the ground that disbursement of the allocation is entrusted to specific government officials.
Jeyakumar had cited the director-general of the Implementation Unit of the Prime Minister's Department, the director of the Perak Development Department and the federal government as defendants.
Justice Low Hop Bing had said that it involves the exercise of discretion based on a detailed and comprehensive process of evaluation.
"The director-general or director is not required to approve all and sundry applications for the allocation. (Jeyakumar, right) must show that there is a legal or statutory duty on the part of the director-general and director as a matter of course to approve his 2010 application," Low had said.The Kuala Lumpur High Court had earlier granted Jeyakumar leave to proceed with a judicial review, to challenge the government's action not to give or provide details of its annual allocation of RM1 million to his constituency.
On Sept 23, the same High Court refused the federal government a stay of the judicial review proceedings, leading to the appeal being filed.
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