Jeyakumar loses appeal over 'MP funds'

The Federal Court has disallowed Sungai Siput parliamentarian Dr Michael Jeyakumar Devaraj’s appeal over his application for leave to challenge in court the government’s decision concerning distribution of the Special Constituency Allocation to members of parliament.

With this decision, the Court of Appeal’s ruling in October 2011, which had set aside a ruling in a lower court to grant the leave application to start the hearing, is maintained.

In a unanimous decision, the five-member panel led by Raus Sharif, the president of the Court of Appeal, ruled that the distribution of allocation falls under the executive’s management prerogative, and the court shall not interfere.

“We see no purpose for the High Court to grant leave for the purpose of investigation. The Court of Appeal is right to set aside (the decision), and we are of the same view (with the Court of Appeal),” he said.

“The issues raised are not judicially reviewable,” he ruled.

He also opined that the courts do not possess knowledge of policy considerations which underlie the decision made by the respondents.
 
“The Special Constituency Allocation is a policy matter which is not within the purview of the court.
 
“The court is in no position to evaluate the qualifications in the application for the allocation for the matter to decide on the policy made by the executive,” he said.
 
However, he emphasised the justicibility of the executive decision is dependant on the particular facts of the case.
 
“In appropriate cases the court is duty bound to intervene, especially where the policy or action of the executive is inconsistent with the constitution and the laws, or in any manner of arbitrary, irrational, elements of mala fide and abuse of power.
 
The other members of the panel were Chief Judge of Malaya Zulkefli Ahmad Makinuddin, Justice Hashim Yusoff, Suriyadi Halim Omar and Ahmad Maarop.

However, the court made no order as to costs from Jeyakumar (left).

Jeyakumar is represented by counsel S Ambiga and B Mahaletchimi, while senior federal counsel S Narkunavathy and federal counsel Naatra Idris represented the respondents.

Lawsuit initiated in 2010

Jeyakumar had initiated the lawsuit when the Perak Development Office rejected his applications for constituency funds in October 2010.

This is the first time ever that an MP had filed such a lawsuit.

Leave was granted by High Court on Feb 25, 2011, but  the government filed an appeal a month later, and the Court of Appeal had overturned the lower court’s decision.

The director-general of the Implementation and Coordination Unit of the Prime Minister’s Department, the Perak Development Office director and the government were named as respondents.

Jeyakumar sought, among others, a declaration that the Special Constituency Alocation must be provided to all MPs equally, regardless of political affiliation, in accordance with Article 8(1) of the federal constitution.

Jeyakumar also sought a mandamus order to compel the director-general of the Implementation and Coordination Unit of the Prime Minister’s Department, Perak Development Office director and the government to explain their authority in disbursing the funds from the Special Constituency Allocation at their discretion and to specify the procedure for allocation of funding since 2008.

'Obvious abuse of power'

“We expect the court to uphold fair play. There is obvious abuse of power, no opposition MPs in the last 30 years have got money, the money has gone to BN,” said Jeyakumar when met outside courtroom.
 
He said he was disapponinted the court had closed the door and dismissed the appeal as a prerogative issue.
 
“This shows that we need to change the government,” he said, adding that the situation can only be reversed if Pakatan Rakyat takes over Putrajaya and disseminate the allocation fairly, regardless of politic affiliation.
 
He said MPs or state assemblypersons from both sides should compete in giving better performance and not sabotage their opponents by denying them allocations.
 
Meanwhile, Ambiga (right) urged the government to listen to the voices which called for fair distribution of allocation despite the court’s ruling.
 
“The decision does not stop the government from doing the right things and giving equally,” she said.