PETALING JAYA: The Pekan parliamentary seat need not be vacated, though its MP Datuk Seri Najib Razak’s conviction within the SRC International Sdn Bhd corruption case was upheld on Wednesday (Dec 8), says Muhammad Rafique Rashid Ali (pic).
The Federal Territories Parti Pejuang Tanah Air deputy chief mentioned the seat will solely grow to be robotically vacant if the Federal Court, as the ultimate avenue of attraction, decides to uphold the High Court’s conviction.
“Article 53 of the Federal Constitution states that the Pekan parliamentary seat will not automatically become vacant in the event that Najib files an appeal to a superior court.
“It will only become empty automatically if Najib does not make any appeal to a more superior court, or the superior court upholds the High Court’s decision,” Rafique mentioned in an announcement Wednesday.
Rafique, who can also be a lawyer, mentioned for now, Najib might nonetheless attend Dewan Rakyat periods as an MP.
“Article 48 (4) (b) of the Federal Constitution states that the effective date of disqualification for Najib as Pekan MP is until the highest court – in this case it must be the Federal Court – makes a final decision.
“Therefore, he can still attend the Dewan Rakyat session, debate and vote on any motion,” mentioned Rafique.
Earlier, the Court of Appeal upheld the conviction and sentence of Najib within the SRC International Sdn Bhd case, the place the previous prime minister was discovered responsible of misappropriating RM42mil from the corporate’s coffers.
A 3-man panel chaired by Justice Abdul Karim Abdul Jalil had mentioned that the appellate court docket had discovered no errors within the resolution by the realized trial decide, Justice Mohd Nazlan Mohd Ghazali.
The Court of Appeal has additionally allowed a keep of software by Najib on the execution of his sentence, pending an attraction to the Federal Court.
