Yesterday, former Attorney-General Tan Sri Gani Patail, who was part of the Special Task Force was removed suddenly as A-G purportedly on grounds of ill health. He is reported to have said that he was unaware of such a decision.
If that be the case and a member of the task force may be removed just like that, then what hope can the people have in its ability to probe without fear or favour?
The larger question arises as to the independence of the A-G itself because even if the task force were to recommend charges, it is the A-G who has the sole discretion to institute and/or discontinue criminal proceedings and this is provided for under Article 145 of the Federal Constitution.
The A-G will not be seen to be fully independent nor capable of making decisions without fear or favour if he could be removed from office so easily.
There will be no confidence in him if he has no security of tenure like for example a judge who cannot be removed arbitrarily from office.
If there are attempts to remove a judge, a constitutional tribunal will have to be set up for that purpose and it is that tribunal which will make the necessary recommendations.
It is that process which inspires confidence that judges are free to decide as they are required to in upholding the law without any creeping fear in their minds of any form of arbitrary removal in the event they are required to act against the powers that be. They are protected under the Federal Constitution.
The 1Malaysia Development Berhad (1MDB) saga has gripped the nation and everyone wants a transparent and independent investigation into it.
The special task force may be therefore seen as toothless if not irrelevant as a result of the events of yesterday.
* Gobind Singh Deo is DAP National Legal Bureau chairman and Puchong MP.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.