Time to review entire essence, ecosystem of making police report

 

YOURSAY | ‘Law should be gazetted to punish those who lodge reports without any basis.’

COMMENT | Pua probe: Necessary action or legal overreach?

EmEmKay: What former DAP lawmaker Tony Pua said was nothing more than a clarification of what is already enshrined in the Federal Constitution.

He stated that the powers of the Yang di-Pertuan Agong and the Malay rulers are limited to specific areas such as Malay customs, Islam, and constitutional roles - including the appointment of menteris besar and consent for the dissolution of state legislative assemblies.

This is not an insult. It is a statement of constitutional fact that every Malaysian should be able to understand.

Those who lodged the police reports likely do not fully grasp the Rukun Negara or the Federal Constitution in their entirety.

The Rukun Negara itself is built on principles of the rule of law and loyalty to king and country - and that loyalty does not mean we must shy away from stating the constitutional truth.

The fact is that Malaysia practices a constitutional monarchy, not an absolute monarchy where the king's every word carries the force of law over every aspect of citizens' lives.

More often than not, the truth hurts - especially those who are comfortable with misconceptions or narrow interpretations.

But stating a constitutional fact is not a crime; it is both the right and the responsibility of every citizen who truly loves this country.

Knucklehead2: Yes, Pua merely stated constitutional facts. If the police think otherwise, then cite the law - no opinions, no whims, no “feelings hurt”. Charge him properly and let the courts decide.

If this goes to trial, it will be a circus. Lawyers will tear apart flimsy arguments, and the rakyat will finally see how fragile the state’s censorship game really is.

We await the entertainment. The more the state tries to silence facts, the louder the truth will echo in court.

Robbie98: The police's valuable time and resources are wasted on political and constitutional matters by ill-advised political hacks making chain police reports.

Reports made by people at the behest of half-baked politicians. Police should be allowed to concentrate on matters related to security and crime.

The culture of making "police reports" for minor matters should be discouraged, by law if required. We are being put to the test because of our 3R (race, religion, and royalty) Achilles heel.

Limfly: The police should ask their legal experts if what Pua said has even greyed the constitution or any piece of law.

If there is nothing even grey, then don't waste time and funds to entertain the people who made the reports.

The police should come out to say that they have consulted their legal experts and have concluded that there is nothing to investigate. Period.

And that goes for the numerous but thoughtless police reports made by those who have nothing better to do with their lives. Don't waste my tax money.

DonGetMeWrong: Prime Minister Anwar Ibrahim should instruct the police not to act on every police report lodged. It should depend on the situation whether the reports warrant any investigation.

Better still, a law should be gazetted to punish those who simply lodge police reports without any basis.

OrangePanther1466: Thank you, former deputy minister of law Hanipa Maidin, for your clear explanation.

Given that this seems to be the beginning of the election season, many of the political wannabes are scrambling to gain prominence to improve their chances of standing as a candidate.

Nothing is off limits for them, including dragging the royalty into the fray.

Isn't it time to review the entire essence and ecosystem of making a police report? It seems to me that any Tom, Dickson or Harry can lodge a police report and if eventually police find that the facts stated in the report are untrue or frivolous, the person who made the report faces no consequences?

This seems unfair as the target of that report would have suffered untold damage to his reputation and expended time and money to facilitate the police investigation.

A case in point is the IJM Corporation Bhd "money laundering" fiasco. Though the MACC eventually cleared the two individuals, the damage had already been done.

Will the MACC now go after whoever made the report in the first instance??

YellowDove5440: Fully agree with Hanipa. Being rude or “biadap” is not a criminal act, and I don't see how Pua's remarks are close to that.

Unfortunately, these " 3R" issues are always pushed to the front when elections are around the corner. When real policies are absent, fall back on emotionally charged non-issues. Unfortunately, things like this work across the world.

RainbowHuman1963: In Malay culture, it is “biadap” to castigate your leaders in public even if they are incorrect.

But there is a power imbalance here in that one party can make incorrect statements in public and get away with it, but the other party cannot.

To make the process fair, all parties in a dispute must be able to be equally sued in court.

But the cultural reality on the ground is quite different. So those who are not so easily sued must be sure that the demands they make are legally sound.

ScarletHorse1295: A nation can scarcely progress when expressing an opinion is seen as more of a threat than the actual threat itself.

Debate and discredit the argument, and not attack the speaker; we can never have honest introspective reflection, crucial to a nation's advancement and growth.

Hothi: Hanipa’s views on this matter are refreshing, balanced and firmly grounded in the spirit of the Federal Constitution.

At a time when certain quarters are trying to inflame racial sentiments over Pua’s remarks, Hanipa has shown the courage and intellectual honesty to address the issue fairly, factually and without fear or favour.

Malaysia needs more leaders and legal minds like him who are willing to uphold constitutional principles with maturity, wisdom and integrity rather than play to the racial gallery. - FMT