Karpal: We are still at war with Indonesia

Although Parliament had revoked the three emergency proclamations on Thursday, lawyer Karpal Singh says the one related to the Indonesian Konfrontasi is till in force.

DAP national chairperson Karpal Singh said today so technically, Malaysia is still at war with its neighbour as the 1964 proclamation of emergency has yet to be lifted.

Karpal said (right) that it was not included in Thursday's revoking of the three emergencies by the Dewan Rakyat.

He added that the government's stand is that the proclamation has been impliedly revoked with the passage of the 1969 proclamation as set out in a 1978 Privy Council judgement (Teh Cheng Poh vs Public Prosecutor).

At that time, the Privy Council was the highest court for the country, said the Bukit Gelugor MP, a lawyer by profession.

However, Parliament nullified the Privy Council judgement when it passed the 1979 Emergency (Essential Powers) Act, therefore the government rely on that ruling. he added.

Separation of powers doctrine violated

"The move by the executive, and government to nullify a judgement of the then highest court for the country was unprecedented and contravened the doctrine of separation of powers upon which Malaysia operates," Karpal told reporters in Penang today.

The executive cannot brazenly set aside what the judiciary had decided in a judgement, however much it may disagree with it, he added.

He said what the government did in 1979 had brought shame to the country.

Karpal urged Prime Minister Najib Abdul Razak to correct the position in view of the serious implications and consequences of the country being still under that emergency, especially in the light of the testing relationship between Malaysia and Indonesia.

"Najib should spring into action and introduce another motion in the Dewan Eakyat to annul the 1964 proclamation of emergency after President Sukarno declared war on the country through his infamous cry of Konfrantasi," he said.

The popular legal eagle was referring to Najib, who moved a motion in Parliament the on Thursday, to revoke three 40- year -old emergency proclamations.

The most significant was the May 15, 1969 proclamation declaring the entire country to be under emergency, that situation still remains unchanged.

Meanwhile, Karpal said by moving to bring to life the 1975 Essential Security Cases Regulations by annulling the Privy Council's judgement, the government has "shot itself in the foot".

Castrated proclamation ineffective

He added that the authorities cannot now rely on the same nullified judgement, to say that the "1964 proclamation of emergency has been impliedly revoked by the 1969 proclamation of emergency".

"The upshot of this is that the 1964 proclamation is still in force, in other words, the country is still under emergency," he warned.

Karpal said he had on Thursday explained the constitutional implication of the matter but de facto Law Minister Nazri Abdul Aziz (right) "chose not to reply" to his question despite persistent calls for him to do so.

"It is obvious that Nazri does not know the law," charged Karpal, adding that the minister had ably demonstrated his ignorance of the law many a time.

Karpal also explained that his allegation by citing Nazri's latest comment that "homosexuality was unconstitutional because it is against Islam which is the official religion of the country".

Homosexuality is not unconstitutional, however, it is a crime under section 377B of the Penal Code, he clarified.

"But what is of more significance is Nazri's statement not very long ago that despite section 15 of the University and University Colleges Act of 1971 having being declared unconstitutional by the Court of Appeal, it was still in force," said Karpal.

"It is obvious the PM requires someone who has sufficient knowledge of the law to be de facto law minister, public interest demands it," he added.