Subscribe in a reader | Subscribe by Email Manoharan must be sworn-in within six months after the general election, or forced to lose his seat and face a by-election
Manoharan wants to be sworn in like the others, but all signs indicate it will be done at the detention camp. Selangor MB gives a differing opinion that “Mano will be sworn in the Dewan” meaning there are plans to get him released. But this must be done in 6 months time (4 1/2 more left).
Let us pray for a speedy release!
In another development, Teng said the swearing-in for the Kota Alam Shah state assemblyman M. Manoharan would be arranged as soon as possible to enable him to participate in the next sitting.
He said Manoharan would have to take oath in the Kamunting detention camp.
Manoharan must be sworn-in within six months after the general election, or forced to lose his seat and face a by-election.
To compensate for his absence, newly appointed Dewan Undangan Negeri Speaker Teng Chang Khim said Manoharan’s detention will not affect his formal appointment.
“There has been a precedent where the swearing in process was brought to the Kamunting detention camp so there should not be a problem with doing it for Manoharan,” explained Teng to reporters after the swearing in ceremony for the 55 representatives.
Manoharan was arrested on Dec 13 with four others shortly after the Nov 25 rally organised by Hindraf which drew some 30,000 people to the streets.
His detention however does not legally affect his position as a state representative as there are no written laws to stipulate that an ISA detainee cannot continue to perform his or her duties while being detained.
Teng then elaborated by referring to a case in 1978 where two DAP elected MPs Chan Kok Kit (Sungai Besi) and Chian Cheng Kai (Batu Gajah) were both sworn in as MPs while serving their ISA detention. Both Chan and Chian were accused of disrupting national security.
Mano to swear in only when ready
There was a different opinion on the same matter however coming from Selangor Menteri Besar Khalid Ibrahim.
Manoharan will only swear in once he is ready, said Khalid. Asked what he meant by this, he replied that Manoharan “will be sworn in as Adun (state assemblyperson) in the Dewan.”
Continuing, Khalid said Pakatan Rakyat has and will continue to push for Manoharan’s ISA charged to be dropped so that he can serve his constituents but conceded that the matter was beyond the state’s jurisdiction. “This matter is a federal level matter and there is only so much we can do as to only try and urge the federal government to drop the charges against Manoharan,” he said.
Attorney-General Abdul Gani Patail told the country’s highest court three weeks ago that the five activists should not be released as they are a threat to national security.
Home Minister Syed Hamid Albar has said that Manoharan could be sworn in before the state Speaker at the Kamunting detention centre as this has been done in the past.
source: http://malaysiakini.com/news/81771
