PETALING JAYA: It is apparent that de facto law minister Takiyuddin Hassan and Attorney-General Idrus Harun had misled and even deceived the Yang di-Pertuan Agong, former Malaysian Bar president Zainur Zakaria said.
“Their actions are a blatant transgression of the constitution and the law. They’ve undermined the sanctity of Parliament and made a mockery of parliamentary democracy,” he told FMT in a text message.
Zainur said their conduct may even constitute a criminal offence.
“I urge the relevant authorities to investigate the matter without fear or favour so that the perpetrators can be brought to justice.”
Zainur said should no action be taken, the foundation of the constitution, the concept of constitutional monarchy and parliamentary democracy will hold no meaning whatsoever.
He said this in response to an Istana Negara statement earlier today that Putrajaya did not get the King’s consent to revoke the emergency ordinances (EOs) when Takiyuddin announced the revocation in the Dewan Rakyat on Monday.
“The King has stressed that the minister’s statement in Parliament on July 26 is inaccurate and had misled the members of the Dewan Rakyat,” said Comptroller of the Royal Household Ahmad Fadil Shamsuddin.
Fadil said Articles 150(2B) and 150(3) of the Federal Constitution clearly gave the authority for the enactment and revocation of ordinances to the King.
He said the King was aggrieved by Takiyuddin’s statement on Monday since he had yet to consent to the revocation.
What the King told Takiyuddin and Idrus during a virtual audience, he said, was that the revocation of the ordinances should be tabled and debated in Parliament.
Fadil said the King stressed that the government’s actions had also failed to respect the rule of law and went against the Agong’s functions and powers as the head of state, as enshrined in the constitution.
“The King believes that, as the head of state, it is compulsory for His Majesty to advise or reprimand any parties whose actions are unconstitutional,” he said.
Lawyer Bastian Pius Vendargon said the palace statement had confirmed what many had suspected before this that the so-called revocation of the EOs announced by Takiyuddin was in law and in fact no revocation at all.
“It did not have the consent of the King on the advice of the Prime Minister or the Cabinet. It was not therefore gazetted as a declaration of revocation of EOs,” he said.
Vendargon said this leads to serious ramifications as Takiyuddin may be guilty of misleading the Dewan Rakyat and this would then be an issue for the Parliamentary Committee of Privileges to consider.
“If such a misleading statement was deliberately made for a collateral purpose, ought not the minister resign?”
Vendargon said Prime Minister Muhyiddin Yassin was in the House and to date had taken no steps to rectify the erroneous statement.
“Is the honourable step for him to resign? If he does so, the Cabinet will resign with him,” he added.
Since the AG had been implicated, Vendargon said he should perhaps clear the air on this issue.
“We are in the throes of a constitutional crisis. It is for all actors to act honourably in complying with the spirit and intent of the constitution and parliamentary democracy and the rule of law we ought to practise,” he said.
Lawyer Muhammad Rafique Rashid Ali was blunt in suggesting that Idrus vacate his office immediately, simply because he had failed in his constitutional duty to advise the king. - FMT
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