No amendment needed for IPCMC, LFL counters ex-IGP's argument

There is no need to amend Article 140 of the Federal Constitution to establish the Independent Police Complaints and Misconduct Commission (IPCMC), according to Lawyers for Liberty (LFL) advisor N Surendran.

“Firstly I don't know what Musa Hassan is talking about,” he said when asked to comment on the former inspector-general of police's statement that amending the Article would lead to external manipulation of the police force.

Surendran told Malaysiakini that Article 140(1) itself makes provision for the setting up of a body to exercise disciplinary control over the police.

“No amendment is required,” he told Malaysiakini this afternoon.

According to Surendran, setting up the IPCM would bolster public confidence in the police force.

“Most democratic countries already have such police complaints commissions. Otherwise, where does the public go to where the offenders are the police themselves?” he asked.

Photo: Musa Hassan

Yesterday, Musa said Article 140 gives the Police Commission jurisdiction over all members of the police force.

He was also reported as stating that he proposed for the formation of an Independent Police Integrity Commission to reform the police force when he was IGP.

“I submitted the papers to the then prime minister Abdullah Ahmad Badawi, who approved it.

“But the EAIC (Enforcement Agency Integrity Commission) was formed instead and tasked to handle issues involving all enforcement agencies in the country,” he added.

Inspector-General of Police Mohamad Fuzi Harun, who will be retiring tomorrow, also voiced his objection to the formation of the IPCMC.

He also claimed that retired and serving personnel were also opposed to the move.

“We have about 130,000 serving and 150,000 retired personnel who have roundly objected to the matter.

“The IPCMC wants to take over the power of the Police Commission under Article 140 of the Federal Constitution on issues regarding disciplinary action and investigations. We will register our opposition and have written a letter to the government leadership,” he said.

Following this, Prime Minister Dr Mahathir Mohamad said he is willing to listen to feedback from all quarters.

Home Minister Muhyiddin Yassin said the government is committed to setting up the commission and would convince the police that it is not a form of punishment.

Meanwhile, former de facto law minister Zaid Ibrahim, who served during Abdullah's tenure as premier, said it would be naive to expect the police to support the IPCMC.

“In Malaysia, the underworld/grey world business is worth (RM)10 billion. You must be naive to expect the police to support IPCMC,” he tweeted. - Mkini