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Tue, 09 Feb 2010
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 NEWS WITHOUT BORDERS :: Local News |
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PKR's Sivarasa loses bid to contest for Bar Council
KUALA LUMPUR (Nov 17, 2009) : A lawyer holding political posts cannot contest for a post in the Bar Council, the Federal Court ruled today, in dismissing an appeal by lawyer R. Sivarasa, who is both a member of parliament and vice-president of Parti Keadilan Rakyat (PKR).
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Gopal Sri Ram
| This is to keep the Bar Council free from political influence as intended by Section 46 (1) of the Legal Profession Act 1976 passed by Parliament, Justice Datuk Gopal Sri Ram said in his 35-page judgement.
Sivarasa, who had appealed against the validity of the law, wished to contest to serve on the Bar Council which is the governing body of the Malaysian Bar.
All lawyers in Malaysia are members of the Malaysian Bar but they have to be elected to serve with the Bar Council.
"As earlier observed, it is in the public interest to have the governing body, namely, the Bar Council, free of any political influence," said Justice Sri Ram who heard Sivarasa's appeal with Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court Judge Datuk Zulkefli Ahmad Makinudin.
He said the advocates and solicitors who served on the governing body behaved professionally, acted honestly and were independent of any political influence.
"An independent Bar Council may act morally in the proper and constitutional sense of that term. The absence of political influence secures an independant Bar Council," he said, adding that the restriction was entirely reasonable and justifiable on grounds of public morality.
He said the said section of the law, however, did not prevent Sivarasa and members of the Bar from attending and speaking at the Bar's general meeting to air their views for the purpose of influencing the Bar.
Justice Sri Ram said the verdict might be different if the same law had prohibited them from practising law or from attending the Bar general meeting.
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Sivarasa
| Therefore, Justice Sri Ram said Section 46 (1) did not violate Sivarasa's right of association, right to personal liberty and right of equality and equal protection in the Federal Constitution.
The Court of Appeal on Nov 24, 2005, rejected Sivarasa's application for a declaration that he was still a member of the Bar Council despite holding office in a political party.
Earlier, on July 18, 2002, the Kuala Lumpur High Court dismissed Sivarasa's application for a declaration that he was a Bar Council member for the 2001-2002 term.
Sivarasa had named the Malaysian Bar and the government as the respondents.
He was represented by counsel Tommy Thomas while the Bar was represented by Datuk Bastian Piusand and Senior Federal Counsel See Mee Chun appeared for the government.
Sivarasa was appointed PKR vice-president on July 14, 2001. -- Bernama
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Updated: 06:39PM Tue, 17 Nov 2009
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