Agong will lose command of military if NSC Bill passed, says activist

The National Security Council Bill breaches several articles of the Federal Constitution, says lawyer Datuk Ambiga Sreenevasan. – Reuters pic, December 15, 2015.

The Yang di-Pertuan Agong will lose command of the military if the National Security Council (NSC) Bill is passed, lawyer and rights activist Datuk Ambiga Sreenevasan said, adding that the bill was illegal as it breached three articles of the Federal Constitution.

She said the bill was not workable as it had many provisions that went against the constitution.

"We have discovered a new issue which pertains to the military – this legislation ignores in totality the chain of command relating to the military.

"Under Article 41, you will see that that Yang di-Pertuan Agong is in command of the military.

"That power now has been ignored by this bill," Ambiga, who is spokesperson of the #TakNakDiktator campaign against the bill, said at a press conference after a briefing to Dewan Negara senators at Parliament today.

The Agong is the commander in chief of the Federation of Malaysia's Armed Forces.

Under the NSC Bill which was passed by the Dewan Rakyat or lower house of Parliament, the prime minister heads a council that can declare a security area and authorise arrests, searches and seizures there without warrants.

Ambiga questioned how the bill was drafted without taking into account key provisions in the federal constitution, specifically, articles 150, 137 and 41.

Article 150 specifically provides for the King to issue a proclamation of emergency.

Article 41, meanwhile, pertained to the military's chain of command where by the King is the supreme commander of the armed forces.

Article 137 provides for an Armed Forces Council.

"If you look at the Armed Forces Act 1972, Section 168 also deals with issue of command," the former Bar Council president, now president of the National Human Rights Society (Hakam), said.

She urged all the members of the senate to do their jobs as not enough consideration had been made with regards to the bill.

"If members of the public plus many more can see the danger in this bill, why can't the senators the same danger that we see?" she said.

"Or at least explain to us why they don't think there is a danger.

"This bill cannot be passed until all these questions have been answered," she added.

Hakam and other human rights groups under the #TakNakDiktator Campaign Coalition today held a briefing on the NSC bill for Dewan Negara Senators but it was only six out of 67 members of the upper house.

All six senators were from the opposition bloc.

The coalition also handed over a memorandum which called upon all members of Dewan Negara to do their duty by the rakyat, the King and the federal constitution by opposing the bill.

- TMI