Karpal: I’m not questioning the prerogative of Sultan

KUALA LUMPUR, Nov 8 — Lawyer Karpal Singh told the High Court here today he was not questioning the prerogative of the Sultan of Perak as the position for prerogative to arise had not culminated.

He said this after lawyer Gobind Singh Deo asked whether he had questioned the manner of the Sultan at a press conference relating to the political situation in Perak.

“I was not questioning prerogative of the Sultan because the position for that to arise had not yet culminated,” he added.

Karpal said there was no basis for the Sultan to exercise prerogative. — File pic

Karpal also said the state assembly had not decided under its rights under Article 33 of the Constitution of Perak, to decide on the validity of three letters of resignation (of three state assemblymen).

He said, until such time the state assembly had done that, there was no basis for the Sultan to exercise prerogative.

Asked by Gobind which article made provision that the Ruler had the prerogative to appoint a ‘menteri besar’ in forming the state government, Karpal replied it was Article 18 of the Perak Constitution.

He also asked Karpal to explain his statement, “sue the government”, uttered during a press conference on Feb 6, 2009, and the latter said: “If he (the Sultan) had acted prematurely under Article 18 (2)(a) of the Perak Constitution, then, the matter could be taken to court.

“In that sense, it is not questioning the prerogative of the Sultan.”

Karpal said the Perak Constitution was the supreme law and not any organisation or any body, and that the Ruler was not immune from the Constitution.

On June 11, 2010, Karpal was discharged and acquitted by the High Court at the end of the prosecution case on a charge of uttering seditious statements regarding the Sultan of Perak at his law firm in Jalan Pudu Lama, Kuala Lumpur, on Feb 6, 2009.

Upon appeal by the prosecution, he was ordered to enter his defence.

Karpal, 72, had allegedly said, the removal of Datuk Seri Mohammad Nizar Jamaluddin as Perak menteri besar, and Datuk Seri Dr Zambry Abdul Kadir’s appointment to the post by the Sultan of Perak, could be questioned in a court of law.

The hearing continues on Jan 22. — Bernama