PUTRAJAYA 17 November - Counsel to be representative of the people or have positions in political parties prohibited sits the Bar Council to ensure that the body is free from political influence.
The ruling made by the Federal Court today rejected the appeal Subang Member of Parliament who is also Vice President of Parti Keadilan Rakyat (PKR), R. Sivarasa.
Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum who led the panel of three judges unanimously decided so.
He met with Judge Datuk Zulkefli Ahmad Makinudin and Judge Datuk Gopal Sri Ram.
Sivarasa challenging Section 46A (1) Legal Profession Act 1976 which prohibits a member of the Bar Council lawyer after he felt that section violates equality rights under Article 8 (1) of the Federal Constitution.
In this regard, the appellant applied to the court declares he is still member of the Bar Council for the 2001-2002 term despite current status of elected representatives and hold office in the party.
He is also applied to that section declared invalid and void, however, failed in its efforts in the High Court and Court of Appeal.
This led her to the final stage of appeal in the Federal Court.
In this country, all attorneys are members of Malaysian Bar, but they need to compete to become members of the Bar Council.
Justice Sri Ram while reciting judgments thick 35 pages of state, Section 46A (1) the act is valid and applies to lawyers who become elected representatives, to hold office in political parties or both.
Section''was enacted to prevent the Bar Council is a statutory body to the Malaysian Bar is influenced by political elements.
Professional bodies''that must be administered among those who do not have a hidden interest because feared could create a perception that it is inclined to political interests,''he said.
Justice Sri Ram also asserted that the advocate and solicitor is a member of the Bar Council must act in good faith to ensure that it continues to guarantee freedom of the body.
He further believes that the rights of the appellant is still preserved by the constitution because he was not deprived of the rights of a member of the Malaysian Bar.
In fact, he said, that section does not prohibit the appellant or any member of the Malaysian Bar to attend and to submit opinions on the general meeting of the Bar Council.
Sivarasa represented by a lawyer Tommy Thomas and the Malaysian Bar as the first respondent was represented by Datuk Bastian Pius Vendargon.
Senior Federal Counsel, See Mee Chun representing the Government of Malaysia is named as second respondent.
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