Constitution

Was AG Gani Patail remiss in his duties in failing to carry out a comprehensive briefing of top government officials on the 10-Point Solution to resolve the Bible controversy which would have averted the Jais raid on BSM?

By Kit

January 08, 2014

It has been reported that the Selangor police have wrapped up their investigation against Father Lawrence Andrew over his allegedly seditious remarks on the “Allah” issue.

According to a report on Astro Awani, Selangor police chief Datuk Mohd Shukri Dahlan said that the investigation papers for the case will be submitted to the Attorney-General’s office as early as today.

The police chief also confirmed that the case is being investigated under Section 4 of the Sedition Act 1948.

Including Andrew, the editor of Catholic weekly The Herald, a total of 99 individuals have had their statements recorded on the issue.

Malaysians are asking why the police acted so swiftly on the Father Lawrence case when it has as yet to act on the Selangor Islamic Religious Department (Jais) raid on the Bible Society of Malaysia (BSM) and the confiscation of Malay and Iban Bibles, which were not only illegal and unconstitutional but clear violation of the 10-Point Solution endorsed by the Federal Cabinet in April 2011 to resolve the Bible controversy.

The Jais raid and the confiscation of the Malay and Iban Bibles would not have taken place if there had been good understanding and proper respect for the 10-Point Solution, both in letter and spirit, by both Jais and the Malaysian police.

There have been renewed interests in the 10-Point Solution as a result of the controversy triggered by the illegal and unconstitutional Jais raid on BSM, and it is clear that at least four of the 10-Point Solution had not been complied with. Most pertinent is Point 7, which states:

“7. A directive on the Bible has been issued by the ketua setiausaha (KSU) of the Home Ministry to ensure proper implementation of this cabinet decision. Failure to comply will subject the officers to disciplinary action under the General Orders. A comprehensive briefing by top officials, including the attorney-general (AG), will be given to all relevant civil servants to ensure good understanding and proper implementation of the directive.”

Two questions that immediately come to mind from Point 7 of the 10-Point Solution are:

Firstly, how many officers had been disciplined under the General Orders since April 2011 for failure to comply with the Federal Cabinet directive on proper implementation of the 10-Point Solution, including whether disciplinary action have been initiated with regard to the Jais raid of MBS especially in particular reference to the police officers who come directly under the Federal Government.

Secondly, whether the Attorney-General Tan Sri Abdul Gani Patail had been remiss in his duties in failing to carrying out a comprehensive briefing of top government officials so as to ensure “good understanding and proper implementation” of 10-Point Solution – which would prevented the Jais raid from happening as the police would not have aided and abetted in the commission of the illegal and unconstitutional acts and violation of the 10-Point Solution? Can we hear from Gani Patail?