Doctrine of separation of powers – Kula’s emergency motion on police killing of five Indians should have been allowed


DAP MP for Ipoh Barat M Kulasegaran was unsuccessful in his attempt this morning to move Parliament for an emergency debate on the police killing of five Indians in a shoot-out in Klang on November 8 for being suspected gang members.

Deputy Speaker Datuk Wan Junaidi Tuanku Jaffar conceded that Kula’s motion met two of the three criteria of being definite and of public importance, but it was not “urgent” as police investigations were “ongoing”.

I stood up to support the protests by Kula and DAP MP for Teluk Intan, M. Manogaran for rejecting a debate on the motion and argued that “investigations under way” should not be used as an excuse to disallow a parliamentary debate as this will be against the doctrine of separation of powers.

“Ongoing police investigations” is an executive action, but under the doctrine of the separation of powers, it is the executive that must be answerable to Parliament and not Parliament having to kow-tow to the Executive.

The Malaysian public are concerned about police killing of people in police shoot-outs and this is a matter which should be debated in Parliament with the executive giving a full and satisfactory accounting as at stake are public confidence in the police as well as in Parliament.

The following is a parliamentary report from Malaysian Insider:

Parliament rejects motion on Klang shoot-out

UPDATED

By Asrul Hadi Abdullah Sani

KUALA LUMPUR, Nov 18 — Dewan Rakyat Deputy Speaker Datuk Wan Junaidi Tuanku Jaafar today rejected an emergency motion on the Klang shoot-out where five Indian men were killed as the matter was still under police investigation.

Ipoh Barat DAP MP M. Kulasegaran had moved a motion for the government to conduct a public inquiry on the five shot dead by the police on Nov 8 for being suspected gang members.

The shoot-out caused an outcry in the Indian community as opposition leaders and NGOs accused the police of being trigger happy. A sister of one of the dead men tried to commit suicide which the family said was linked to the shoot-out.

Kulasegaran argued that the police should have captured the suspects and brought them to court instead of shooting them.

“The police action has caused public peace to be in jeopardy. The incident that happened on Nov 8 has clearly shown that the police have abused their powers without considering public interest and peace,” he said.

He said the police should tell the truth.

“The police should not deny the allegations made against them,” Kulasegaran added.

Wan Junaidi explained that the motion was not allowed because the subject matter was not urgent although he did admit that it was a specific matter and was of public interest.

Ipoh Timur MP Lim Kit Siang objected and argued that the subject matter was urgent because it was of public interest.

“We cannot use that it was still under investigation as an excuse. This is an urgent debate because it involves the interest of many. It also involves the belief of the public in the institution of Parliament.

“The case is still investigated by police so there must be a separation of power between the legislative and the executive. This goes against the doctrine of separation of powers,” he said.

Last Thursday, R. Seetha poured weedkiller for herself and her four children in Klang and told them to “drink it so you can see uncle” after she was overcome with grief for her younger brother who was among those shot dead by police.

R. Surendren, 24, was among the five “high on the police wanted list” gunned down by the police.

  1. #1 by Dap man on Wednesday, 18 November 2009 - 4:57 pm

    Of course lah!
    What is so urgent when those killed are Indians?
    But then the motion would have been allowed had those killed were Palestinians and the killers Israeli soldiers.

  2. #2 by Thor on Wednesday, 18 November 2009 - 5:07 pm

    My advise to youngster is to be careful with whom you mix or go along with, ‘cos you might be a victim of those trigger happy rookies one day.

  3. #3 by yhsiew on Wednesday, 18 November 2009 - 5:14 pm

    “investigations under way” should not be used as an excuse to disallow a parliamentary debate as this will be against the doctrine of separation of powers. (Kit)
    ===================================================

    The doctrine of separation of powers has ceased to exist long time ago in this country.

  4. #4 by -ec- on Wednesday, 18 November 2009 - 5:47 pm

    the police is well informed about the difference between snakes and indians.

  5. #5 by k1980 on Wednesday, 18 November 2009 - 6:12 pm

    This will antagonize the Indians, but ask any teacher who the most cocky/arrogant students are in school, and the answer will be the Indians. They act as if the world owes them a living, and not the other way around.

  6. #6 by frankyapp on Wednesday, 18 November 2009 - 6:17 pm

    Our police should practise to catch and not to kill instantly when dealing with suspected case or cases. If all suspects were kill then all evidence was gone too.Those suspects might be acting on order by the leader,hence,he or she is free and loose. Malaysian police should learn from the recently killing at fort hood,Texas,USA where the killer/suspect killed 13 of his collegues and wounding dozens of others,yet he was not kill instantly ,through being shot,he was arrested.Now,he’s being investigated to determine the reason for such behaviour.If found guity,he would be sentenced to death,hence the case can be considered closed.In Malaysia,how many case /cases has the police solved when killing all the suspects ? More important,what happen when the suspects killed were inocent ?.

  7. #7 by monsterball on Wednesday, 18 November 2009 - 7:48 pm

    They will protect each other till kingdom come….for executive or parliamentarians with UMNO’s way of interpretations…are so clear….which is…crooks need gangsters to defend them..and gangsters need lots of money to make them happy…on going…no turning back.
    So what we hear from UMNO parliamentarians is an art to try to fool Malaysians…that are daily been exposed…yet they keep applying same style.
    Why so?
    First it shows they are crooks ..and secondly …if they agree..it will mean suicide for some…leading towards a chain reaction…to exposed racists and trigger happy UMNO buggers…..sure to loose lots of votes.

  8. #8 by Jong on Wednesday, 18 November 2009 - 8:50 pm

    # ….not “urgent” as police investigations were “ongoing”.#

    is a cop-out, wimpy way to avoid dealing with this serious problem – trigger happy policeforce behaving more like thugs beating the shit out of anything that moves, even candles at vigils, no?

  9. #9 by Jong on Wednesday, 18 November 2009 - 8:56 pm

    …under moderation?

  10. #10 by lee wee tak_ on Wednesday, 18 November 2009 - 9:59 pm

    the shameless speaker betray people’s trust and come up with pea brain and embarrassing excuses….

    what do you mean since police investigating their own fault so they should be spared from Parliament and by extension the very person who pay he wages of the killers/murderers?

    i would say a owl on a tree appears more creditable than Wan Junaidi

  11. #11 by lee wee tak_ on Wednesday, 18 November 2009 - 10:02 pm

    and the speaker would on the other hand allow BN reps to ralk about women’s cleavage, periods, length of skirt, or the other day an UMNO rep launching a mad man’s tirade at Ong tee Kiat.

    the above fail in all aspect – urgency, public interest, defnite and in addition, commonsense and worthy of tax payers’ money

    the 3 speakers must go!

  12. #12 by tenaciousB on Wednesday, 18 November 2009 - 10:27 pm

    who cares it’s only indians what, they were shot down before with water cannons and tear gased. So What’s new, now shoot to kill.

    Some more, Mr. Musa hassan(his tan sri all is crapla, i have no respect for these fellows who buy titles by hook or by crook) was defensive in his press statement, the investigations haven’t even finished he’s already prejudicial against the indian gang members.

    i think i’ll make a public announcement, next time see police better hide for personal safety, cause they may just think you’re a threat and open fire just because you are ‘indian’

    LOL

  13. #13 by Godfather on Wednesday, 18 November 2009 - 11:42 pm

    I am waiting for our resident sage to write the usual foot long explanations on the doctrine. In UMNO parlance, the word ‘doctrine’ refers to their right to doctor everything in Bolehland and the country inevitably goes into the latrine.

  14. #14 by Taxidriver on Thursday, 19 November 2009 - 7:08 am

    If it was a shoot-out, then the police had every right to self-defense. But since the killing of those 5 guys by police is being questioned ( which should not have been an issue for reason stated at the onset ), I sense something amiss which is waiting to be exposed. Could those Injuns have been gunned down in cold-blooded manner by our wild, wild east police?

    Would somebody care to shed more light on this?

  15. #15 by taiking on Thursday, 19 November 2009 - 8:36 am

    “Celaka betul. Buat kerja kena hentam. Tak buat kerja kena hentam juga.”

    …. murky thoughts of the IGP.

  16. #16 by tenaciousB on Thursday, 19 November 2009 - 9:05 am

    until today no proper evidence in papers whether those shot were the presumed gang members……………double whammy for police..lol

  17. #17 by Dap man on Thursday, 19 November 2009 - 9:21 am

    All these go to show that there is complete break down of law and order in this country.
    Just look at to what happened to Bala and his familiy – threatened, bribed and deported.
    The Immigration Dept, Police and even the Malaysian Embassy played a part in this criminal episode.
    Now Manjit is being threatened with a mini-bomb.

  18. #18 by Winston on Thursday, 19 November 2009 - 9:33 am

    “Makeovers that could put Najib one up over foes.” – Malaysian Insider

    Lately, we have been reading a lot of good news about reforms and such and the above is the latest to appear today (19/11/2009).
    For those who are well versed in the trickery of UMNO/BN, they will not fall for these ploys.
    We all know that these are just to win votes; the old policies of racism and deprivation of the minority races will go on.
    Once the suckers voted them into power again, they will reveal their true colours!
    Ladies and gentlemen, NO MATTER WHAT YOU DO, MAKE IT YOUR DUTY TO PUT THE PR IN PUTRAJAYA.
    LET THEM SERVE AT LEAST ONE TERM TO GAUGE THEIR EFFICACY!!

  19. #19 by Godfather on Thursday, 19 November 2009 - 10:16 am

    Injuns and cowboys – the inevitable doctrine of separation where the twain shall never meet.

  20. #20 by rabbit on Thursday, 19 November 2009 - 12:08 pm

    well well… guys, i think you guys had forgotten this movie James Bond 007 License to Kill. hahaa SO Malaysia’s PDRM also got this kind of special license. further more, malaysia bullets are so cheap. they need to recycle the new bullets. or maybe in malaysia is less of shooting clubs, the PDRM need more practice for shooting. only few human, not a big deal, oh.. yet is different color. even better. Malaysia Boleh. Malaysia got License to Kill, Malaysia got New James Bond… Our IPG also nothing to said about this problem, why we make so much of noise? the news press also keep quite.. only few life, few suspect, just remove it. hmm i think this what in their mind.

  21. #21 by tenaciousB on Thursday, 19 November 2009 - 1:07 pm

    I TOTALLY AGREE WITH WINSTON,

    LET’S GIVE PKR A CHANCE, WE HAVE NOTHING TO LOSE. WE HAVE MORE TO LOSE BY RE-ELECTING BN. THEY HAVE RULED LONG ENOUGH AND CAUSED TOO MANY GRIEVANCES. THEY’RE MONEY POLITICS, PERSONAL GREED, LAW OF THE JUNGLE HAS CAUSED TOO MANY TO LOSE HEART AT THE COUNTRY’S TRUE POTENTIAL.

    VOTE ANYTHING BUT BN!

  22. #22 by samiyeh on Thursday, 19 November 2009 - 2:02 pm

    What is this shooting job got do with Indian
    student being cocky and arrogant. Please do not generalise all Indians are arrogant, crooks,
    snakes and so on. The others are no better. We do not love gangsters, bandits rapeist etc, etc but we are concern is why is this shoot to kill concept now very common. Is or rather are there other ways we can use to overcome this problem. Lets find the root cause, do not create another problem over a problem.

  23. #23 by samiyeh on Thursday, 19 November 2009 - 2:16 pm

    What this shooting job got do with Indian student being cocky, arrogant,snakes so on. Please do not generalise all Indians are such. The others are no better. We do not love the crooks, gangsters,rapists and so on but we are concern is why is this shoot to kill concept now very common.That is the issue. Do not create another problem over another one

  24. #24 by frankyapp on Friday, 20 November 2009 - 2:25 pm

    Yep,everyone is entitled to self-defence including the police,but police are trained to shoot and apprehend and not to kill the suspects in any shoot out,unless if it’s absolutely necessary.The police are the law enforcers,they must not discriminate the suspects race and break the law.If they cannot up hold this,it’s best they resign.IGP musa,must not send killer cop to apprehend suspected cases.

  25. #25 by bolehlandor on Sunday, 22 November 2009 - 12:14 pm

    MACC can talk from the heart for all the world to hear. The FACT remains that it is misused by ruling politicians to foster even more corruption. This is accomplished very effectively by hauling up all the small fishes who have displeased the ruling parties and also all the more-righteous politicians from the PR. Of course by being related to possible abuse of authority against PR supporters does not exactly improve their image.
    So how? They can “join the mob” and become one of them which they are already doing with much success, I must say.

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