by Dr. Chen Man Hin
Prime Minister Najib Razak was reported in the press to have cautioned elected Perak state representatives to follow the rule of jaw, as the pandemonium on Thursday 7th May and that unruly behaviour of elected leaders followed the law of the jungle instead of the rule of law.
Well said, except that the party that begun the law of the jungle was none other than UMNO, the party of the Prime Minister because he master-minded and executed the take-over of the Perak state government by using unconstitutional means.
His plan first arraigned two PKR state excos on trumped-up charges of corruption and compelled them to leave the PR and later to support Barisan National.
Next the Jelapang state assemblywoman was induced to leave DAP and support Barisan National with promises so huge as to be beyond imagination.
The admission of these three extra members to the Barisan side gave them an alleged majority in the state assembly to stake claim of eligibility to form the state government.
THE NEXT STEP WAS TO INDUCE ROYALTY TO DISSOLVE THE PERAK STATE ASSEMBLY AND FORM A NEW BARISAN LED GOVERNMENT.
THIS WAS THE CRUCIAL MOVE BUT IT WAS UNCONSTITUTIONAL AND ILLEGAL, AS IT WAS ULTRA VIRES THE PERAK STATE ASSEMBLY STATUTES.
The Perak Mentri Besar can only be removed by a vote of no confidence in the Assembly which was never done. Under the Perak Constitution, the Sultan of Perak has the power to appoint but not the power to remove the Mentri Besar.
Hence, the legal Perak government is still the PR government and not Barisan. Tun Dr Mahathir stated emphatically two days ago, that the power to dissolve Parliament rested with the members of parliament and not the Agong.
Similarly, the power to dissolve the Perak state assembly rested not with the Sultan, but with the members of the assembly. The sultan cannot appoint the new government. It is the state assembly that forms the new government.
So it is the Prime Minister assisted by his kitchen cabinet who has not followed the rule of law and instead adopted the law of the jungle – of threats, bribery and ignoring the Perak Constitution.
It is also obvious that PM Najib has also subverted the Attorney-General Gani Patai who dared to claim that the Sultan of Perak has the power to dissolve and appoint a new government in Perak, in direct contradiction to the views of Tun Dr Mahathir
IGP NOT ABIDING BY RULE OF LAW
Sdr Karpal Singh was accosted and surrounded by belligrent UMNO leaders at the entrance hall of Parliament some months ago, with police officers who were standing by, kept silent and did nothing to protect Karpal Singh from the hostile Umno group.
When pressed for an explanation IGP Tan Sri Musa Hassan, said policing Parliament did not include Parliament affairs, and therefore the police did not intervene to protect Karpal.
On the other hand, the police were actively engaged in taking the side of Barisan within the Perak State Assembly. Police officers in plain-clothes actively dragged, pushed and bundled Speaker Sivakumar out of the assembly, despite protests from the Speaker. The scene was captured live on camera and TV.
IGP Musa should explain the coarse and humiliating act of his police officers, who brutally wrenched the lawful Speaker out of the Assembly.
His police officers were supposed to maintain peace and order. Instead they joined in the mayhem and gave full support to Barisan leaders to oust the legally appointed Speaker, and then quarantined him for an hour.
IGP Musa should explain the double standards of his police officers and why were his officers so biased against PR by manhandling the legal Speaker and preventing him to fulfill his duties as Speaker.
IGP Musa should be reminded that the police force is mandated to be impartial and to maintain law and order and execute their duties in the interests of the people and justice, and not be a puppet of the government. If they see injustices perpetrated by the government, the police should not condone the injustices, but must prevent any wrongdoing.
The IGP should not be involved in partisan politics. His calling is higher, which is to safeguard justice, security and law and order for the people.
TIME TO CALL FOR FRESH ELECTIONS OF THE PERAK STATE GOVERNMENT TO SOLVE THE POLITICAL IMBROGLIO.
It is obvious that the present political scenario is unacceptable and unsustainable from the political, economic and social viewpoints.
The uncertainties will affect economic development and will add to the burdens imposed by economic recession. Unemployment will increase.
The PR government which was mandated to be the government after March 8th 2008 has been ousted by an unconstitutional coup d’etat. The upstart Barisan government is in the driver’s seat but it is proving to be most unpopular and does not enjoy the confidence of the people.
The people deserve to have a government of their choice, in order that the state of Perak can move forward and give the people more opportunities and a better life.
THE SOLUTION IS TO HAVE FRESH ELECTIONS FOR THE STATE OF PERAK, TO ELECT A PEOPLE-CENTERED GOVERNMENT. THIS IS THE GENERAL CONSENSUS AMONG THE PEOPLE, AND NGOS INCLUDING THE BAR COUNCIL OF MALAYSIA. HUNDREDS OF LAWYERS DEMONSTRATED YESTERDAY TO CALL FOR FRESH ELECTIONS IN PERAK.