KUALA LUMPUR (April 21): The National Human Rights Society (HAKAM) today described the statement made by Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Takiyuddin Hassan that law practitioners should support the proclamation of emergency as "incredulous".
In a statement, HAKAM president Datuk Dr Gurdial Singh Nijar said the law minister has failed to recognise that the challenge to the proclamation of emergency is grounded on the argument that there is a clear violation of the Federal Constitution.
"Article 150 of the (Federal) Constitution mandates that the proclamation and the ordinances enacted under it be laid before Parliament, and Parliament has the widest power to make law 'with respect to any matter' during the proclamation, as the Privy Council confirmed in Stephen Kalong Ningkan v Government of Malaysia (1968)," he said.
He added that all of these have been thwarted by the suspension of Parliament and the state assemblies, meaning that the executive now has "unlimited power to rule by decree" and that the billions of ringgit allocated for the fight against the Covid-19 pandemic would not be subject to the scrutiny of the members of Parliament.
Gurdial further said the questioning of the alleged wrongful government action is a fundamental pillar of a functioning democracy, and that the recourse to the courts for "seemingly constitutional violations" is a fundamental construct of the rule of law.
"And it is for the court to evaluate the justification by the government for suspending Parliament. Ultimately, it is the role of an independent judiciary to keep governmental actions within the legal limits of power," he said.
Gurdial also pointed out that access to justice via courts has long been recognised by the Federal Court as a fundamental right, and that fundamental rights cannot be simply suspended for an indeterminate period.
"Finally, we say, with utmost respect, that the minister has done little more than expose his disdain for the rule of law, the (Federal) Constitution and our established legal processes," he said.
Yesterday, Takiyuddin expressed disappointment over some whom he claimed had been trying to interpret the law to "gain popularity", adding that the Malaysian Bar and legal practitioners should act according to the law.
He also emphasised that the King had agreed to make a proclamation of emergency on Jan 11, after the King was satisfied that a grave emergency existed whereby the security, economic life or public order in the federation was threatened.
The minister added that the move was taken to enable the government to strengthen its efforts to curb the Covid-19 pandemic.