PETALING JAYA: A retired judge has called on the Pakatan Harapan (PH) government to repeal the National Security Council (NSC) Act, following the defence minister’s announcement yesterday that it would be reviewed to ensure that it does not become a political tool.
Gopal Sri Ram said the NSC was unconstitutional and must be repealed as it had bypassed the Conference of Rulers.
He added that a federal law that amended the constitution to do away with royal assent in certain circumstances was itself unconstitutional.
“Also, the NSC is a security statute and must comply with Article 149 of the Federal Constitution,” he said in a statement.
If the government wanted such a law, he added, it must be redrafted to comply with the constitution.
“The previous administration obviously had no respect for the rule of law. The present PH government respects the rule of law. Therefore it should act accordingly,” he said.
Yesterday, Defence Minister Mohamad Sabu said the government would look seriously at the NSC and consider whether to retain or abolish it.
He also made it clear that the NSC should not be pressured or influenced into supporting any political party.
The NSC was established by an Act of Parliament passed in December 2015. It was fiercely opposed by PH MPs who called the legislation a “death sentence” on democracy in Malaysia.
Among other things, the law empowers the NSC to declare a state of emergency in a designated area; grants unprecedented powers to security forces to make arrests and conduct forced evacuation in the area; and grants all members of the council and those operating under it complete exemption from legal liabilities and prosecution.
Former prime minister Najib Razak said the government needed the NSC to provide adequate powers for the security forces and all relevant government agencies to respond to threats to national security.
PH leader Anwar Ibrahim has challenged the legality of the NSC, with the matter now pending in the Federal Court.
Gopal Sri Ram said the NSC was unconstitutional and must be repealed as it had bypassed the Conference of Rulers.
He added that a federal law that amended the constitution to do away with royal assent in certain circumstances was itself unconstitutional.
“Also, the NSC is a security statute and must comply with Article 149 of the Federal Constitution,” he said in a statement.
If the government wanted such a law, he added, it must be redrafted to comply with the constitution.
“The previous administration obviously had no respect for the rule of law. The present PH government respects the rule of law. Therefore it should act accordingly,” he said.
Yesterday, Defence Minister Mohamad Sabu said the government would look seriously at the NSC and consider whether to retain or abolish it.
He also made it clear that the NSC should not be pressured or influenced into supporting any political party.
The NSC was established by an Act of Parliament passed in December 2015. It was fiercely opposed by PH MPs who called the legislation a “death sentence” on democracy in Malaysia.
Among other things, the law empowers the NSC to declare a state of emergency in a designated area; grants unprecedented powers to security forces to make arrests and conduct forced evacuation in the area; and grants all members of the council and those operating under it complete exemption from legal liabilities and prosecution.
Former prime minister Najib Razak said the government needed the NSC to provide adequate powers for the security forces and all relevant government agencies to respond to threats to national security.
PH leader Anwar Ibrahim has challenged the legality of the NSC, with the matter now pending in the Federal Court.
Now wouldn't it be funny if the repeal of the NSC Act came up in Parliament for a vote the now-opposition BN, which brought the law into effect, now have to vote to repeal it ?
ReplyDeleteFunnier than AG also being a defendant's lawyer.
Deletehttps://m.malaysiakini.com/news/431911
ReplyDeleteKim Guan Eng says loot will be monetized...after due process, of course...
How ironic, "monetise" the favourite word of 1MDB apologists is now going to be used against Malaysian Official 1.
Please prove that the source of the loot is from 1MDB i.e. part of the US$42.0 billion whatever.
DeleteOops sorry.. re the above comment - it should be RM not US$.
DeleteBTW 1MDB is still alive and well. The new 1MDB management is as follows:
Chairman : Datuk Asri Hamidon
Exco : Datuk Mohammad Faiz Azmi, Datin Rashidah Mohd Sies dan Datuk Wan Mohd Fadzmi Wan Othman.
MD/CEO: Monsterball?
The Auditor-General in its report stated that 1MDB's assets will have to be developed to grow its value and to give 1MDB a return in the future. Well, didn't 1MDB monetise its assets of about RM44.0 billion to borrow about RM31.0 billion? No?
All the best to Monsterball in his loot monetising fitnah. Wakakaka..
1MDB is a bankrupt empty shell.
DeleteAll its debts are being paid by the Malaysian taxpayer.
Categorizing thise debts as "contingent" liabilities was Bullshit Crap.
The Assets have nothing to do with the liabilities. The Assets were originally government land.
The cash that were raised from those liabilities sudah lesap.
This hp6 business management 'tutor' is blurred lah!
DeleteHe CAN never differentiate what's assets & what's liabilities.
His level of accounting proficiency is PL statement MUST be balanced. Who care HOW it's been balanced.
Totally no cure le!
Plus like also can.....no need auditor liao.....hambarang pun boleh liao
Delete"Kim" Guan Eng is Freudian not typo.
DeleteHow can an unconstitutional NSC Act be passed in Parliament in the first place?
ReplyDeleteThe previous AG needs to be charged in court for an uncontitutional law.
And why didn't The Council of Rulers objected when it infringed upon their rights for such laws?
The proper course now would be to challenge it at the Federal Court to declare the NSC Act ultravires the Constitution and dump it.
How come such a booboo can bypass all the Court Justices, Malaysian Bar, AG office, Civil actions NGOs etc.
Are we all saying the NSC Act was a big silap mata exercise and no one bothered?
Now Mahathir wants the power afforded by NSC....wakakakaa
ReplyDeleteI wonder whether the Pakatan government will repeal the Sedition Act, SOSMA, the University & University Colleges Act, the Printing Presses & Publications Act and other such repressive laws, including repressive laws which limit the freedom of trade unions to engage in industrial actions.
DeleteUMNO and PAS extremist tactics need to be countered.... and Mahathir wants to retain the necessary laws to keep them in check... wakakaka
ReplyDeleteWakakakakaka……
DeleteRightly so!
No mercy for ANY extremists, right definite.
Draconian? Authoritarian?
Will get the pants of those pseudo-liberals totally wet.
Of course la....lately watch 雍正王朝.....see how that guy chop chop heads....chasing people to vomit money.....
DeleteOmg.....cheebye kaytee die liao....and rpk too
Ya laa, just like the first time he used them...he can ask his new cabinet how it was like wakakakakaka....
DeleteYou cheebye take care 11 year old girl issue. You muslim right? You fucking cheebye
DeleteProblem solved folks. Mat Sabu was confused.
ReplyDeleteThe Ministry of Defence today denied media reports quoting Mohamad Sabu that the government would study whether the National Security Council (NSC), known by its Malay abbreviation MKN, would be retained or abolished.
Instead, it said what Mohamad had meant was a review of PLKN, the reference to the National Service Training Programme.