Can a prisoner contest in GE15? Lawyers explains
SHAH ALAM - A prisoner is meant to be in prison and should not be contesting for elections, says a lawyer.
Lawyer Dinesh Muthal said prisoners are not allowed to step out unless it is for medical reasons.
This comes after Najib's lawyer Tan Sri Shafee Abdullah argued for the former prime minister's 12 year prison case review to be done immediately as it may have an impact on Najib's chances of contesting in GE15.
But Dinesh said: "If someone is going through imprisonment, they should be inside prison, that's how the law works.
"But giving him (Najib) the freedom like any other MPs who do not have any crimical records doesn't have sense," he said to Sinar Daily.
When asked on whether politicians with active court cases can contest in GE15, Dinesh said it is possible.
"Politicians who have active court cases can contest as long as they are not convicted yet," he added.
Commenting further, Lawyer Datuk M Reza Hassan said there's nothing wrong in proposing names to contest in GE15.
"Najib's name is just being proposed, he is not the Pekan candidate yet. People failed to understand this and eventually this becomes the talk of the town," he told Sinar Daily.
He said Umno Pekan could propose any names but they run a risk as the person they had will be disqualified by the election commission (EC).
Reza was referring to Article 48(1)e which only disqualifies a person from being a MP, if among others, he's been convicted and sentenced to imprisonment for a term of not less than 1 year and has not received a free pardon.
"It doesn't disqualify a politician with an active court case from contesting in the general elections.
"However, they are taking quite a risk, as in the event of a conviction, then they may be disqualified.
"It is also a risk to the political party, if in the event of a razor thin majority, the disqualification may result in chaos," he added.
Reza Hassan also said that a political party that cares for the need of people would not propose someone who is convicted.
Malaysia is about to face elections and jailed Najib Razak's names has been nominated in the list of potential candidates to contest in GE15.
Deputy Pekan Umno Chief Datuk Seri Zamri Ramly said the decision was made after taking into account the former leader still had a chance to contest if he was successful in the application to review the Federal Court's decision last August.
He said if the court's decision sided with his side and he was freed before the naming of candidates, he would still be eligible to contest in defending the Pekan Parliamentary seat.
