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Wednesday, 8 August 2012

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Following Mannar Magistrate’s alleged questioning:

Hunais Farook’s privileges as MP have been violated - Speaker

Speaker Chamal Rajapaksa yesterday said in Parliament that the courts of law or any other institution could not question an MP on what he or she said in Parliament. That amounts to a breach of Parliamentary privilege.

The Speaker said that if a reference has been made to the speech that UPFA MP Hunais Farook made in Parliament, no one can question him on it.

‘I am duty bound to safeguard the privileges of all MPs and in this instance I can say his privileges as an MP have been violated, he said. The Speaker said he would inquire into the matter further.

He made these remarks after MP Hunais Farook raised a privilege issue in Parliament yesterday. MP Hunais Farook said: Together with other lawyers, I appeared before the Mannar magistrate on behalf of my client on July 31, 2012.

“Contrary to the usual practice of hearing our submissions on the bench, magistrate summoned us to his chamber. Then senior counsel Shiraz Noordeen made an appearance and mentioned my name. Thereupon the magistrate in a hoarse voice said, “Who is this person, I want to see him...” When he saw me he shouted at me: “.... Are you the person who spoke in Parliament about me? Published the news in the newspapers? Were you in the Mannar protest?...”

“Whereupon I politely replied: Your honour I am appearing before you as a counsel for my clients in this case and I do not wish to discuss extraneous matters. Thereupon, the magistrate frowned and stared at me for a few seconds and my senior counsel Shiraz Noordeen intervened, and politely informed the magistrate that it was not proper conduct for him to treat a counsel in that manner. Then the magistrate vociferously said that “I knew how to conduct myself and I do not want advice from you.”

“The conduct of this magistrate is clearly an affront to Parliament and a breach of privilege of a Member of Parliament.

“Therefore, I would submit before you Hon. Speaker this matter is a breach of privilege. Therefore I appeal that this incident of breach of privilege be inquired into by you as a guardian of the rights and privileges of Members of Parliament.

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