Wednesday, February 18, 2009
SULTAN HAS RESERVED POWERS
In simple language it means treason, less-majeste and rebel. I remember reading elsewhere that the root word of derhaka is durhaka which mean to disobey or to rebel. It is ia tabbo word for a Malay community because they are accustomed to a phrase ‘pantang Melayu mendurhaka’. In a Malay society, it is commonly believed and accepted a tradition whereby even a son could be labeled as anak durhaka because if he found to be disrespectful and disobey his parents.
Similarly, when a person did not respect and disobey a king, then he is said to have committed derhaka.
Our neighbour, Thailand, has laws forbidding their citizens to commit any sort of insult, criticize , accuse or expose their king and his family members in public. It is a major crime and punishable under the Thai criminal code. But do we have such laws in Malaysia?
Some say we do have laws in Malaysia restricting citizens to speak against rulers (sultans). Some say we don’t have such laws after the 1993 ammenment to the federal constitution. But the question we have to address now is whether Karpal Singh, who intent to challenge the Perak Sultan’s decision in court can be construed as treason or derhaka.
Lawyer Karpal Singh, chairman of Democratic Action Party (DAP), issued a statement lately that he determine to challenge in court the decision by Sultan of Perak to allow Barisan National to take over Perak state government from Pakatan Rakyat . Perak Sultan also asked the menteri besar (MB) and the entire state Exco members of Pakatan Rakyat government to relinquish their Exco positions.
Karpal Singh’s action is seen and regarded as derhaka by many quarters, particularly those who subscribe and susceptible to party politics of UMNO, the leading component party of the National Front (BN). Karpal Singh’s intention to challenge the ruler is tantamount to an act of disrespectful , disobeying and challenging sultan’s power as a ruler of a state. Furthermore,sultan is regarded and represents Malays, Malay culture , Malay rights and Islamic faith in this country. So, any attempt to challenge Sultan is presumed as challenging Malays.
Nevertheless , there are some quarters argue that Karpal Singh’s action does not subscribe to an act of derhaka because he is merely challenging Perak sultan’s decision in court.They put forward an argument that Karpal Singh is not challenging sultan as a ruler or his prerogative to make decision but merely challenging the decision made by sultan because, to them it is regarded as miscarriage of justice. So, the subject matter at hand is decision and not sultan.
However, we must not forget that our sultans are the custodian of our constitution. The sultans are entrusted with a cardinal duty to protect the Malay rights and safeguard the legitimate rights of the non-Malay citizens in this country. Another words, they are the constitutional monarch and they are bestowed with ‘ special powers’ to execute when necessary and time warrants. Every state in the federation has its own constitution besides the Federal Constitution.
In the case of Perak state, many are unaware that the sultan of Perak has been bestowed with ‘reserved powers’ under Undang-Undang Tubuh Kerajaan Negeri Perak, a state constitution which is pedestal for the administration of Perak state government, besides federal constitution.
This ‘reserved powers’ are said to be the Sultan’s inherent powers that he inherits which he may use upon his discretion at any one time to prevent any crisis that might jeopardize the stability and peace of his state. After the 12th general election held on 8 Mac 2008, the Raja of Perlis and Sultan of Terengganu used their “reserved powers” to appoint menteri besar of their choice for their respective state among the elected members, even though it was regarded as against the wishes of Prime Minister Dato’ Seri Abdullah Haji Ahmad Badawi.
Paduka Seri Raja Azlan Shah is ruler with abundant wisdom. Paduka Seri Sultan Azlan Shah has served this nation ````as a legal adviser, magistrate, judge and finally as a Lord President of Malaysia for many years. Therefore, we must realize that Sultan Azlan Shah can be considered as a walking library of Malaysian laws.
Having said this, Paduka Seri Sultan Azlan Shah has evoked the reserved powers bestowed to the ruler to manage the current political crisis in Perak. The Pakatan Rakyat government has lost its majority among the assembly members when three of their members deserted their party and supports the BN government.
At this juncture, Paduka Seri Sultan Perak appoint a menteri besar based on the powers bestowed to Sultan of Perak under article 16, 16(2)(a),16(6) and 16(4) and 16(2) Clause(4) . Sultan has discretionary powers to appoint a menteri besar ' who in his judgement is likely to command the confidence of the majority of the members of the Assembly'.
So, the decision made by Paduka Seri Sultan Azlan Shah to appoint Datuk Dr. Zambry Abdul Kadir, who represents the Barisan National, is based on the reserved powers endowed to sultan and not against the democratic will of the people as many claim.
We must realize that the rulers do play an important role in maintaining harmony among various races under their care. The High Commissioner of The Federated Malay States, Sir Hugh Clifford has remarked in year 1927 that the states in Malaya are ruled by the Malay rulers who embraced the religion of Islam. It is our policy (British) to uphold the tradition of respecting and enhancing the rulers status as sovereign of their states.
Hence, let us accept without any doubt that Paduka Seri Sultan Azlan Shah has followed the right procedures to make a wise decision and the decision made is legitimate because it was made according to the articles enshrined in the state law, Undang-Undang Tubuh Kerajaan Negeri Perak.
Saturday, February 7, 2009
POLITICAL IMPASSE IN PERAK REMAINS UNSOLVED
But having ruled for the last 9 months, Pakatan Rakyat faced the problem of 2 PKR state assembly men who were also appointed as state EXCO members. Another member of the state assembly, who was appointed as Deputy speaker of the assembly from DAP also left the party. These three members of the state assembly who left their party wants to remain as independent but supports BN to form the new state government.
The four Pakatan Rakyat defectors are Datuk Nasarurudin Hashim (Bota) Jamaluddin Mohd.Radzi (Behrang) Mohd.Osman Mohd.Jaitu (Changkat Jering) and Hee Yit Foong (Jelapang) .
With this political turn-about in Pakatan Rakyat coalition, Dato’ Mohammad Nizar, MB of Perak from Pakatan Rakyat seek an audience with His Highness Sultan Azlan Shah to give consent to dissolve the state assembly. But Sultan Azlan Shah decided not give his consent to Pakatan Rakyat Government to dissolve the Perak State assembly. Instead Sultan Azlan Shah asked Mohammad Nizar Jamaluddin and his entire state executive council members to step down with immediate effect.
Prior to that, in order to make a fair decision, His Highness Sultan Azlan Shah met personally the 31 assembly members who BN claims has given support to form the state government. Sultan Azlan Shah also met the 3 independent (defected ) members individually and convinced that MB Mohammad Nizar of Pakatan Rakyat had ceased to command the confidence of the majority of the state assembly members.
It is believed that His Royal Highness Sultan Azlan Shah as the ruler of Perak State used his discretion under Article XVIII (2) (b) and provisions XVI(6) of Perak Darul Ridzuan state constitution for not giving consent to the dissolution of assembly and to demand a resignation from Mohammad Nizar Jamaluddin.
Article 16 Clause 7 says that the executive council members other than the MB holds the office at the pleasure of the Sultan. Whereas,, the Article 16 Clause 7 says MB must resign if he loses the confidence of the majority. In other words MB cannot be dismissed.
The two provisions in the Perak Darul Ridzuan state constitution refers to the appointment of MB and not the removal of MB if he refuses to resign. But Prof. Dr. Shad Saleem Faruqi, an expert in Malaysian constitution, says that the two above mentioned provisions seemed to contradict, so one had to look beyond the Perak constitution and into the Interpretation Act. The Interpretation Act states that the power to appoint includes the power to remove.
Based on the above mentioned argument and legal perspective,there is no miscarriage of justice. So, it is advisible for MB Mohammad Nizar Jamaluddin and his entire state executive council members to step down immediately and pave the way for BN to take over the state government.
Nevertheless,the Pakatan Rakyat government of Perak has filed a suit in the Ipoh High Court to declare the Behrang, Changkat Jering and Jelapang seats vacant based on the purported pre-signed resignation letters. However the three assembly man involved claim that the resignations letters were made under duress.
Hence, the Election Commission cast doubt over the validity of the resignation letters submitted by the speaker.With this, the commission refuse to budge to the speakers request to hold a by election.
According to a political observer , there was a case of nature brought to court for jurisdiction in 1983. That is when Datuk Ong Kee Hui vs Sinyium Anak Mutit was filed ,the court decided that a signed undated resignation letter is not valid.
However,the issue at hand is that the Perak Pakatan Rakyat government has not collapsed due to popular mandate but due to defections. Government formed through a formal process of free and fair elections only could earn respect and allegiance from its citizens. But forming a government through defections is not only unethical but invites defiance from its citizens. Hence,it is argued that Pakatan Rakyat or BN has to seek the rakyat choices in forming the government.
Having said this, the rakyat still expects His Highness Sultan of Perak, being only an expert in Malaysian law but also a ruler of compassionate, to handle this unprecedented political crisis with extreme care and wisdom in order to uphold the basic tenets of democracy.
May the Almighty bless His Highness with wisdom and strength to face this painful happenings in Perak, the silver state.
Meanwhile, the rakyat is watching what is going on in Perak. Rakyat choice always triumph.Rakyat may reject in the next coming general election the party which they presume to be practicing unethical means to form a government.
Are BN or Pakatan Rakyat prepared for it?
Sunday, February 1, 2009
BNBCC CALLS TO RESTRAIN FROM SENDING SMS ON A.KUGAN'S DEATH
Its chairman Datuk Seri Tiong King Sing said this was important to avoid destroying unity and harmony which had been fostered in Malaysia's multiracial society.
"Let us look at constructive ways to work together to identify the recurrent common factors which will moot changes in police custody practices.
"It is not about apportioning blame, but about highlighting general lessons that will help prevent the likelihood of such deaths occurring in future," he said in a statement here today.
Tiong said there were various areas of concern that needed to be revamped to bring an end to custodial deaths.
He said the selection process of police personnel must be reviewed to reflect quality in qualification and capability to serve the nation.
"The instructor and tutor at the police academy must be screened thoroughly before admission and all its undergraduates should not be allowed to graduate automatically, but only the qualified ones must be allowed to graduate."
Tiong said police personnel must also be exposed to new methods of interrogation without force, with the help of foreign experts.
"We urge the police to carry out a thorough and impartial investigation on this death and let us sit together to find a permanent solution to end custodial deaths in Malaysia," he said.
KUALA LUMPUR, Jan 30 (Bernama)
Saturday, January 31, 2009
A.KUHAN'S DEATH IN POLICE CUSTODY IS AN EYE OPENER
I am deeply shocked to learn about the death of a young Malaysian, Kuhan s/o Ananthan , aged 22 years, in police custody recently. I am also equally shocked and alarmed by the media reports that A.Kuhan marks the 126th lock-up death in this country over the past 10 years . A.Kuhan’s death has caused furore among many Indians to ponder about the procedures observed in interrogating a suspect in police custody.
A.Kuhan was arrested by police and detained at Taipan Police station, Subang Jaya,Selangor for interogation on 15 Jan 09. He was alleged to be involved in car theft. It was reported that A.Kuhan collapsed and died while in police custody on 21 Jan 09.A.Kuhan body was taken to
A.Kuhan’s parents were not convinced with the
There was some controversy over how A.Kuhan’s parents had access to the deceased in THE
Based on the extent of the injuries on the body of the late A.Kuhan, public at large presumed that A.Kuhan could have died due to police brutality. Even, the Attorney General Tan Sri Abdul Ghani Patail classified the death of A.Kuhan as murder under Section 302 of the Penal Code.
A.Kuhan body was taken for burial at Puchong Hindu cemetery on 22.1.09. But being dissatisfied with the post-mortem report prepared by the
There was a large gathering at the
Pakatan Rakyat parlimen members, Prof.P.Ramasamy, Gobind Singh Deo and Manickavasagam were present at the UH mortuary hailing for a public inquiry over A.Kuhan’s death and also demanding Selangor Police chief to resign for misleading the public on the cause of A.Kuhan’s death. No BN leaders were visible at the scene.
A.Kuhan is dead and buried and his death is still a misery.The cause of A.Kuhan’s death is for the court to decide. A.Kuhan was a car theft suspect and yet to be charged in court.Hence, no one has the right to proclaim that A.Kuhan is a criminal.
The public feel that the police have failed miserably in protecting A.Kuhan while the deceased was in their custody. Isn’t it the duty of the government (police) to take care of a detainee?
Nevertheless, the Home Minister Datuk Seri Syed Hamid Albar’s advice to the public not to make heroes out of criminals, nor demons out of the police. Even though the minister meant in general, it was not well received by the public because the parents ,family members and friends are grieving having lost a loved one. The public emotions are also high against the misfortune.
A.Kuhan death is only the tip of an iceberg. There have been many casualties in detention but not brought to public’s attention. There is a report elsewhere that about 1,300 immigirants died while in detention.
Eventhough it was reported that a large number of detention death involve Indians, let us leave race out of it. As Datuk Nik Aziz, MB Kelantan has pointed out, Malaysian should feel that they have lost a life, the colour of skin is immaterial . The time has come for fellow Malaysians and government not only to address the issue of detainees subject to violent brutality in detention but also revisit the shelved Independent Police Complaints and Misconduct Comission (IPCMC) .
Let us put an end to lock-up abuses and deaths. While we are talking aloud about the injury and sorrow alleged to be inflicted on the Palestinians by Israelis in
Lastly, my family and me wish to extend our deepest condolences to the family and friends of the late A.Kuhan .
Monday, December 22, 2008
SIGNATURE LEGACY - SYABAS PAK LAH
In the past, the rakyat has, to a certain extent, lost confidence in our judiciary system and efforts undertaken by the Anti Corruption Agency (ACA) to fight the corrupt practices deemed to be prevalent rampantly in the public sector.
The passing of the JAC and MACC in Dewan Rakyat by the present government, which lacks 2/3 majority, is said to be a corner stone for Datuk Seri Abdullah Ahmad Badawi’s premiership. Indeed it will be regarded as a signature legacy of Pak Lah in Malaysian politics.
Even the opposition party members, led by Dato’ Seri Anwar Ibrahim, also endorsed the JAC bill with some reservations. This indicates that the changes initiated by Pak Lah to improve the judiciary system is welcomed by the opposition party, a rare scene in Malaysian politics.
The infamous V.K.Lingam video clip issue has exposed the ill practice which has crept silently in the judiciary system. At the same time the rising number of unresolved corruption cases in the past has also caused a great concern to public.. These two major issues of public interest has made public miserable and it has seared the Malaysian psyche very badly , regardless of age , race, religion and income level.
Taking advantage of the poor image of government caused by these two issues, the opposition party launched a relentless efforts to make inroads in the voters heart to vote BN out. Incidently, the rising in prices of the basic house hold needs, has caused unsurmountable pressure on public to vote the opposition in the last 12th General Election which is regarded as a political tsunami by political analyst. BN lost 2/3 majority in Dewan Rakyat.
It is argued covincingly that the voters were strongly influenced by these misconceptions. Nevertheless, with the JAC and MACC bills passed, the rakyat are now assured that the appointment of judges would be carried out in a transparent and fair manner and the ACA is equipped with some strong ‘tooth’ to bite the ‘big fish’ to wipe out corruption in Malaysia without fear or favour.
The passing of JAS and MACC bills are part of Pak Lah’s promises when he took over the helm of government .His initiatives to restore the image of the government institutions will certainly improve and enhance to a greater level of confidence among rakyat on government institutions.
Rakyat fervently hope that all his initiatives which derived from his ‘inner voice’ will gradually but surely will improve the government institutions to serve the rakyat with fairly and justly .
Hence, let us take this opportunity to wish our prime minister, Datuk Seri Abdullah Haji Ahmad Badawi a very good Syabas!
IJN PRIVITIZATION ON HOLD
According to the government source, the government intent to privatize IJN in order to be less burdened by the high cost of subsidizing treatment at the institute.
The public outcry is the National Heart Institute (IJN) should not be privatized as it provides health care for many cardiac patients who can’t afford it in private medical centers.
Tan Sri Dr. Yahya Awang, who was the head of a team which performed a coronary bypass operation on then prime minister Tun Dr Mahathir Mohamad at the Kuala Lumpur Hospital, vouched that IJN was never meant to be a commercial institute.
According to Tan Sri Dr Yahya, who was a pioneer directly involved in the setting up of the hospital in 1990, explained that besides providing quality health care , IJN was also build to serve as a center of research, a premier academic institute.
So, it is clear that the IJN was build by government fund to provide good and quality health care to public, particularly to the poor and middle income group.
Considering the loud public outcry against the IJN privatization proposal , deputy prime minister Datuk Seri Najib Tun Razak promptly announced that the deal had been postponed until an indepth review was undertaken. Najib's announcement has relieved the anxiety and unhappiness it has caused among the concerned public.
Government deferment to conduct an indepth study is welcomed by many medical enthusiast of quality medical care.
Health is a service which is considered as a major social responsibilities of a government to public who elected them to office. So, IJN being providing an excellent and quality medical care for cardio dieses was the only choice for many middle income group.
The public grievances and opinion must be heard and sought by the Government at all times in order to remain relevant. Government by the people and for the people shall always heed to the public opinion regards to providing the essential service to the public, particularly the medical care.
Hence, the idea of privatization of IJN is not only a good move by the government at the moment but also in the future.
Dato’ Seri Anwar says that the deferment is a political move due to the upcoming Kuala Terenganu by election.But, will the government has the political will and courage to discard the idea of IJN privatization in order to prove him wrong?
Wednesday, December 3, 2008
Fatwa on Yoga
The edict on yoga by the National Fatwa council has caused a mix reactions and controversy among some non-muslim and muslim groups.
First of all, let us comprehend the meaning and importance of fatwa among muslim community in a proper perspective. According to the Kamus Dewan Bahasa Dictionary, the word ‘fatwa’ derives from an Arabic word and it means “ keputusan agama yang diberikan oleh alim ulama atau mufti mengenai sesuatu masalah”.
Hence, the term ‘ fatwa’ means ‘ a decision made by the learned religious scholars or by a learned Islamic scholar who is empowered to make an edict on religious matters concerning a problem face by the ummah of the Islamic faith.
Simply. fatwa are theological and legal reasoning given by the mufti or the ulama to enlighten and educate the public so Muslims can arrange their affairs in accordance with Islamic teachings.
Having said this, the fatwa on Yoga is ONLY directed to the Muslims fraternity . The Hindus should not construed it as intented to demean the practice of Hinduism in this country.
Therefore, there is no reason for the Hindus or Indians to be upset with the word haram as the ban is meant only for the Muslims.
Nevertheless, the phrase “haram” on yoga practice has caused some concern and confusion among the Indian community because yoga and meditation are commonly attributed to Hinduism.
With this scenario , it was reported in the vernacular media that Dato’ Seri S.Samy Vellu , President of the Malaysian Indian Congress, wanted to meet the Prime Minister, YAB Dato’ Seri Abdullah Hj Ahmad Badawi , to clear the confusion over the label ‘haram’ on yoga.
Meanwhile, the Hindu Sangam's president Dato’ A. Vaithilingam, also has displayed his concern and frustration by describing fatwa as 'regrettable' because the Fatwa council forbids Muslims practice yoga due to its Hindu elements. Vaithilingam claims that this edict is tantamount to demean Hinduism.
The concerned prime minister, Dato’ Seri Abdullah Haj Ahmad Badawi has readily cleared the confusion and vouched that the edict was not to interfere the practice of yoga by non-muslims but merely forbidding Muslims from indulging in the practices of other faith. He was quoted elsewhere saying that even the Muslims shall continue to practice yoga as a physical exercise without the Hindu elements in it.
With PM’s glaring clarification, the Hindus who practice yoga have nothing to be alarmed or disgruntled about this edict ( fatwa) because this fatwa has nothing to do with them and their faith. The Hindus are free to practice yoga as usual without any fear or intimidation.
Having said this, let us hope that the Indians and the Hindu community be wise and diligent in handling issues concerning religious sensitivity and avoid debating the relevance of fatwa on yoga . Let us be assured that the edict (fatwa) on yoga has NOT at all demean the dignity and sacredness of Hinduism in this country.


