Perak Sultan acted unconstitutionally
Although Karpal Singh’s recent opposition to the various Crowns playing politics has come in for some private knocks within the Pakatan team, his latest move to warn a constitutional crisis is on hand must wake up the lamers in Pakatan who do not care how they got there as long as they are there.
Perak Sultan acted unconstitutionally
Sultan Raja Azlan Shah of Perak had acted beyond his parameters of power by ordering the Pakatan Rakyat state government to reinstate the transferred Jamry Sury as Perak Religious Department director.
dap islamic state roundtable 100807 karpal singh DAP national chairperson and senior lawyer Karpal Singh said that under the country’s law, said the Pakatan Rakyat-led Perak state government had every right to transfer Jamry since he was a state government servant.
“The palace cannot order the Perak government to reinstate Jamry. It’s beyond the palace parameters of power,” said Karpal.
The Pakatan Rakyat government was ordered to reinstate Jamry as the state religious department head barely 72 hours after he was transferred out from his post with a short notice.
Acting on the order from the Sultan of Perak Sultan Azlan, Raja Muda Raja Dr Nazrin Shah, in the name of Perak Islamic Affairs and Malay Customs Council, directed Menteri Besar Mohammad Nizar Jamaluddin to reinstate Jamry last week.
Citing a 1982 Federal Court ruling as a landmark case on this issue, Karpal argued that it was up to the Perak government to decide when and where it wanted to transfer a civil servant under its governance.
Karpal, the Bukit Gelugor member of parliament, said that the Perak government was right in its decision to transfer Jamry and that the Ruler of Perak did not have any say in the decision.
“The palace cannot order the state government to reinstate Jamry,” said Karpal.
He said rulers should have sought legal advice from their respective state legal advisors before descending into areas beyond their domain.
Going beyond that, he said would mean, and must mean, as “acting unconstitutionally”.
“Such precedent should not be allowed to stand for the sake of public interests,” he added.
Disturbing trend
Karpal also cautioned that the disturbing trend of rulers interfering in the day-to-day running of government administration was not limited to Perak.
He said that in Terengganu, the palace arbitrarily imposed its will in the choice of the Mentri Besar although that choice, clearly, contravened the state constitution. This emulated by Raja of Perlis as well, he noted.
And in Penang, the state government faced a slightly different dilemma when the Yang di-Pertuan Agong declined to accept the resignation of Umno’s Permatang Berangan state assemblyperson, Shabudin Yahaya as the State Islamic Religious Council president and ordered him instead to continue to serve in that position until his term expires in December 2009.
Karpal said the rulers should not interfere in matters that clearly do not provide for them to have a say and the constitution of Perlis, Perak and Terengganu had clearly stated that the rulers shall act on executive advice.
Following the constitutional amendments in 1993, the king and the state rulers are subjected to law, just like any other citizens.
“The exemption was that only the Special Court had jurisdiction over them,” he said. Failure to cooperate
Jamry’s transfer was mooted by the Menteri Besar Mohammad Nizar Jamaluddin for apparently failing to cooperate with the Pakatan Rakyat administration. However his transfer was revoked by the Perak sultan.
As Perak religious department director, Jamry was also the secretary of the Perak Islamic Affairs and Malay Customs Council. The appointment was done with ruler’s consent.
In a statement released by Sultan Azlan’s private secretary Abd Rahim Mohamad Nor on Friday, Muhammad Nizar was informed to seek an audience with the Perak Sultan and the Raja Muda to obtain their consent before taking any steps in relation to Islamic affairs or Islamic bodies or agencies.
This included the issue of appointments, placements and transfers of officers and staff who manage Islamic affairs, what more those who hold prominent and important positions.
The working relation, which honors the Sultan, is convention and work culture which had always been adhered to by every mentris besar.
Any act committed without the approval of Sultan and Raja Muda is regarded as having ignored their respective positions as the head of Islamic Affairs and the head of the council.
It is time to abolish monarchy in Malaysia. Democracy must be fully instituted to conform to the civilized aspirations of the people of the world. It is simply anachronistic for one man to bypass the wishes of millions and force his individual whims over the legitimate democratic rights of millions.
Comment by Liang1a — Tuesday, 06-05-2008 @ 13: 28.27
Those who call for the abolishment of the monarchy should be charged for TREASON. they have no love for the country and the king. they do not have the spirit of unity,loyalty and respect for Malaysia. they are racists, communal, divisive and are threats to the country. Those who do not love Malaysia, her King, her countrymen and what the country stands for, please leave.
Comment by iaddada — Tuesday, 06-05-2008 @ 18: 34.08
One wonders what action was taken (if any) against the Perak Mufti’s seditious and threatening demagoguery at the end of this, now well known, youtube video:
At the Crossroads - Malaysia
http://www.youtube.com/watch?v=G9zmRMoDt58
Only Sultan Azlan Shah has the power to.
Comment by wits0 — Tuesday, 06-05-2008 @ 19: 52.50
Probly cos the Sultan Perak approved of the Mufti`s sentiments.
Comment by hutchrun — Wednesday, 07-05-2008 @ 09: 06.54
Karpal provides his view from the angle of law, i don’t see any problem here. “acting unconstitutionally” is the comment, unless there is specific clauses that says Constituion does not apply to sultans/rulers?
Comment by Malaysian — Thursday, 08-05-2008 @ 13: 23.30
iaddada wrote:
Those who call for the abolishment of the monarchy should be charged for TREASON. they have no love for the country and the king. they do not have the spirit of unity,loyalty and respect for Malaysia. they are racists, communal, divisive and are threats to the country. Those who do not love Malaysia, her King, her countrymen and what the country stands for, please leave.
This certainly sounds like what the Americans are saying - America, love it or leave it. The only thing is America is coming round to a more democratic mode of political beliefs gradually. Now it is even possible for a black man to be elected president. Maybe it won’t be too long before Americans start realizing that there is truly no God and that all men are brothers because they have descended from a common ancestor through evolution.
According to the Malaysian constitution, it is obviously treason to advocate the aboloshment of monarchy. But according to a higher law of human rights, monarchy is itself a treason against human rights. It was treason to talk about equal rights against the apartheid in S. Africa, but eventually apartheid was defeated in S. Africa. By the same token, monarchy in Malaysia that forms the basis for the Malay supremacy must be abolished and the Malaysian constitution be re-written to conform to the higher laws of human rights.
Monarchy is the basis for racial bigotry and Malay supremacy. There can be no true racial harmony as long as there are unequal laws such as those that forbid non-Malays from becoming the MB of any state. It is the racist Malay supremacist dogma of ketuanan Melayu that is dividing the nation and causing disunity and suppressing the initiative and ingenuity of the Chinese to keep Malaysia poor. It is the Malay supremacists who are the biggest racists and the most dangerous and deadly communal and divisive threat to the nation. Why should any man who believes in the equal democratic rights of all peoples submit himself to the tyrannical whims of a single person - a Malay king? No, no men who are democratic and love Malaysia will love a single Malay king or a bunch of self-serving Malay politicians who have no concern for the welfare of all the peoples of Malaysia but only for a sub-group of peoples, the Malays, and themselves.
Therefore, all those who truly love Malaysia and believe in its future will not willingly submit themselves to be mis-governed by a small group of self-serving Malay bigots who are willing to divide the nation for their own benefits. To achieve unity and racial harmony and ultimate prosperity for all peoples, including the Malays, Malaysia must abolish monarchy and institute full democracy to conform to the civilized aspirations of all peoples of the world. Then and only then can all the initiative and ingenuity of all the diverse peoples of Malaysia be unleashed to make Malaysia a genuinely harmonious and dynamically properous place for the peoples of all races to love and to live.
Comment by Liang1a — Friday, 09-05-2008 @ 11: 53.36
iaddadda wrote:
Those who call for the abolishment of the monarchy should be charged for TREASON. they have no love for the country and the king. they do not have the spirit of unity,loyalty and respect for Malaysia.
I have no love for the Malay king. Why should I love a symbol that denigrates my human rights? But I would certainly like to see Malaysia racially harmonious and all the peoples of Malaysia prosperous.
Talking about respect, it is the Malays who are the ones who have been insulting and hurting the Chinese and the Indians and other non-Malays. The Malays have absolutely no respect for the Chinese when they classified them as inferior second class or even third class citizens. How can a man talk about love and respect when the Chinese and othe non-Malays are denigrated as second and even third class citizens? It is the Malay monarchists who are the ones showing disprespect for the Chinese and the other non-Malays.
Comment by Liang1a — Friday, 09-05-2008 @ 12: 04.12
Wonderful comment Liang1a! BRAVO!
Comment by Ninja — Friday, 09-05-2008 @ 15: 34.48
iaddada is an idiot. It is UMNO who have usurped the rights of the Royalty who today are pawns of the country`s greatest enemy - UMNO. If the Royalty work with the traitorous UMNO that destroys the country, the malays must be a very stupid people to support that.
Comment by hutchrun — Saturday, 10-05-2008 @ 08: 43.51
If a ruler treat his subjects as grass and dirt, then the subjects have a right to treat him as a bandit and enemy. - Old saying (older than Sejarah Melayu).
Comment by hutchrun — Saturday, 10-05-2008 @ 08: 49.37
Or maybe iadada is an UMNO slave - katak dibawa tempurung.
Comment by hutchrun — Saturday, 10-05-2008 @ 08: 50.37
Hutch: “..maybe iadada is an UMNO slave.”
What more likely conclusion can there be? The contrarian views are swelling in the Net and one noteworthy one was how Mahathir attacked the royalties but I shalln’t post any links because everyone with a mind knows where to find them.
Comment by wits0 — Friday, 16-05-2008 @ 05: 45.57