TIAN Chua’s disqualification from contesting the Batu parliamentary seat is illegal, as the courts had ruled that he is still a lawmaker despite the RM2,000 fine imposed in March, said a lawyers’ group.

Lawyers for Liberty adviser N. Surendran said the disqualification is unlawful, unconstitutional and liable to be set aside by the courts.

He said Article 48(1)(e) of the federal constitution states that a disqualification occurs only when the fine exceeds RM2,000.

“There are various legal authorities confirming this, including the Supreme Court in PP v Leong Yin Ming (1993). In another written judgment involving Tian Chua himself in 2010, the Kuala Lumpur High Court made a similar ruling.”

The high court, on March 2, upheld Tian Chua’s conviction under Section 509 of the Penal Code for outraging the modesty of a police officer by using foul language four years ago.

Judicial commissioner Ab Karim Ab Rahman reduced the fine to RM2,000 after rejecting two cross-appeals by the defence.

He also ruled that Tian Chua can run for election, citing Article 48 of the federal constitution, which states that an elected representative is disqualified if he is sentenced to more than 12 months’ jail or fined more than RM2,000.

Tian Chua said he will refer to his lawyers regarding his legal recourse.

Four candidates are now in the race for the seat. They are Barisan Nasional’s Dominic Lau, PAS’ Al Azhar Yahya, and independents V.M. Panjamorthy Muthusamy, 62, and P. Prabakaran, 22. – April 28, 2018.