Judge recuses himself in MB vs Speaker case

Judicial Commissioner Ridwan Ibrahim has recused himself from hearing a suit by Perak Mentri Besar Datuk Dr Zambry Abd Kadir and six exco members against State Legislative Assembly Speaker V. Sivakumar.
He made the decision in chambers on the account of a ruling made by the Federal Court on Monday that a suit brought by three independent assemblymen against Sivakumar be reverted back to the High Court.
The case was then moved to the court of Justice Wan Afrah Wan Ibrahim.
”Since his decision was reversed by the Federal Court, he (Ridwan) thought it would only be proper for him to transfer the matter to another court,” said the plaintiffs’ counsel Faizul Hilmy Ahmad Zamri.
Later, Justice Wan Afrah allowed a postponement by the plaintiffs, pending their application for leave to revert the case to the Federal Court.
”We have applied for leave under Article 63 of the Perak Constitution. However, we understand from our learned friends that they will raise objections.
”This issue will be canvassed in the Federal Court,” said M. Reza Hassan, for the plaintiffs. Justice Wan Afrah also said she would hear the striking out application to be filed by Sivakumar’s counsels on grounds that he, as the head of the legislative body, enjoyed absolute immunity from court proceedings.
She set April 2 to hear the application.
Sivakumar’s lead counsel Chan Kok Keong said they were striking out the application based on Article 72 of the Federal Constitution which states that “the validity of any proceeding in the legislative assembly of any state should not be questioned in any court."
On the status of the suit by the three Independent assemblymen, Chan said the file had yet to be returned to the High Court.
”Once it is here, Judicial Commissioner Ridwan will decide on the matter,” he said.
The independents are seeking a declaration that their resignations had been invalid whilst Dr Zambry and his excos want the court to proclaim that their suspensions had been illegal and unconstitutional.