THE Dewan Rakyat yesterday approved a motion to refer Tasek Gelugor MP Datuk Wan Saifulruddin Wan Jan to the Rights and Privileges Committee over his statements that allegedly misled parliament at the last sitting.

The motion was tabled by Datuk Seri Azalina Othman Said and was approved by a majority voice vote.

Under Standing Order 36(2) of the Dewan Rakyat Standing Order (DRSO), it states that no reference shall be made to any matter that might prejudice the interests of the parties in court proceedings.

According to Merriam-Webster’s definition of sub judice, it means “before a judge or court; not yet judicially decided.” Thus, it restrains the publication of matters that are being considered by the court, which is to avoid any adverse impact on the ongoing case.

The courts here are empowered to enforce this rule against those who have disrupted the proceedings of a case, which amounts to contempt of court.

However, this rule does not apply within the four walls of parliament. Hence, is parliament bound by the sub judice rule?

Previously, I wrote that our parliamentary privileges shield the members of parliament from court proceedings.

Similarly, the members of parliament here are immune from any legal proceedings that the court imposes. In other words, parliamentarians are given the freedom to debate, discuss, and even adjudicate matters that are within the control of the House.

Having said that, the committee of privileges that is established under Order 80 of the DRSO only has the power to consider the statement issues that have taken place in the House.

The motion put forward was only intended as a fair procedure without revealing anything about the ongoing proceedings.

This whole process is only a motion that does not outrageously bind the government in meting out punishment but solely to understand the matter that was alleged in the House. – June 25, 2024.

* Matilda George reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.