KUALA LUMPUR, JULY 28: The sacking of Attorney-General (AG) Abdul Gani Patail may be unconstitutional, a DAP leader today said.
DAP legal bureau chief Gobind Singh in a statement said Article 145 (6) of the Federal Constitution makes it clear that an AG shall be removed from office the same way a Federal Court Judge is removed, that is, by a tribunal appointed by the Yang Di-Pertuan Agong.
“It appears from a reading of this provision that a tribunal would be required to determine if an AG should be removed. His services cannot simply be terminated because of health reasons,” Gobind said in a statement today.
Sacking Gani may be unconstitutional, says Gobind
He was commenting on an announcement by Chief Secretary Ali Hamsa this morning that Gani had been dropped as AG due to “health reasons”. However, when Gani was contacted by several newsportals later, he claimed ignorance on his removal, only saying “I don’t know. I don’t want to say a word.”
Gobind, who is also Puchong MP, said Gani’s removal is a very serious matter.
“The AG has sole powers to institute criminal proceedings under the Federal Constitution. He must have security of tenure in order to carry out his duties without fear or favour, and he cannot be removed from office just like that.
“In this case, Gani was also part of the Special Task Force probing matters relating to 1MDB and the Prime Minister. So how can he just be removed from office in an instant?” he added.
He urged the government to explain the decision, adding that this arbitrary action may set a dangerous precedent.
“This will have the most unfortunate effect of completely ruining any form of independence on part of the Attorney-General. We cannot have this. If it is unconstitutional, then it must be corrected forthwith. If nothing is done and it is allowed to remain, then we should be prepared for a complete collapse in our criminal justice system and more in the making,” he said.
At a press conference earlier, Gobind also stated his support for DAP Selangor chief Tony Pua, who was recently barred from going overseas, believed to be due to his vocal criticism of 1MDB.
Gobind as deputy Selangor chief, said it fully supports Pua and will continue to speak up against injustice, and without fear or favour.
He also condemned the suspension of The Edge’s printing licenses and reiterated his call for Prime Minister Najib Abdul Razak to come clean on allegations that the latter had received RM2.6 billion from 1MDB funds.
– The Rocket
