Tian Chua can opt to undergo two months' imprisonment to stay as MP ?
"Since the PKR leader was sentenced to two months' jail or RM2,000 fine, choosing the former could avoid the vexatious question of whether the fine means Chua's disqualification as MP.
“If Tian Chua were to choose the (two) months' prison term, this issue would not arise,” said Junaidi.
He also said the office of speaker Pandikar Amin Mulia is waiting for the official sealed judgment from Kuala Lumpur High Court judge Justice Ghazali Cha.
Earlier today, justice Ghazali (left) reiterated his decision to impose the reduced fine of RM2,000 on Chua, saying he would not review the decision.
Following a meeting with Ghazali in his chambers, Chua's lawyer Ranjit Singh said the judge had maintained his intention was clear - that he does not want a by-election to be called for the Batu parliamentary seat in Kuala Lumpur.
Meanwhile, Karpal Singh said Wan Junaidi Tuanku Jaafar's interpretation of the controversy surrounding the RM2,000 penalty imposed on PKR national strategy director Tian Chua was incorrect.
“The Speaker said that if Batu undergoes a two-month imprisonment (term), then he (Chua) will not lose his qualification to be an MP. This is an incorrect interpretation,” Karpal said while debating on the 10th Malaysia Plan in the House.
According to Article 48 of the Federal Constitution, if an MP is imprisoned less than a year or fined not less than RM2,000, he loses his seat. Karpal added that Chua had indeed been imposed a penalty of RM2,000.
Karpal explained that the two months' imprisonment is in lieu of the RM2,000 fine.
“If he (Chua) does not pay, then he will be imprisoned for two months. It does not mean if he was imprisoned for two months, he won't lose his qualification as an MP,” Karpal continued.
The DAP national chairman also claimed that it was a wrong interpretation by Wan Junaidi when he said that the qualification issue falls within the power of the House.
“The Speaker has said on (a) Internet (news report), on the issue regarding Batu's qualification being in the hands of this House. This is a wrong interpretation,” Karpal added.
The veteran lawyer then queried whether Wan Junaidi had indeed made the statements mentioned.
“Did you voice this out earlier? I am not cross-examining you, but just want to confirm if you said it,” he asked, to which Wan Junaidi did not respond.
“Why do you (Wan Junaidi) keep quiet? Can you confirm this?,” he probed further, prompting laughter from other MPs.
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