Press Statement by Karpal Singh in Kuala Lumpur on
Thursday, 27th November 2008:
Everyone, including royalty must
be equal before the law
The call by the Regent of Negri Sembilan,
Tunku Naquiyuddin Tuanku Jaafar, that the immunity of rulers be restored
does not have basis and ought not to be entertained.
It is wrong to say that after the
March 8th General Elections, with the Barisan Nasional losing its
two-third majority, the constitutional structure of the country has
changed. The King, as was the position before March 8th, still largely
acts on Executive advice. The position is, likewise in the states which
have rulers. I cannot see, how after the amendments to the Federal
Constitution in 1993 allowing legal redress against the rulers with the
establishment of the Special Court, the rulers cannot play the same
significant role which was earlier their right in the constitutional
structure of the country.
In fact, subjecting the rulers to the
law, just like any other citizen, places Malaysia in a unique position
which, perhaps, should be emulated by other countries which have
royalty. Everyone, including royalty must be equal before the law.
Dr Mahathir Mohamed, as Prime
Minister, took a bold, and the right, step in bringing about the
amendments in 1993 for which he must be commended.
In fact, the royalty should set the
example by complying with the law. I cannot see how restoration of
immunity can in any way enhance the role of the rulers. Calling for
immunity only presupposes eventuality of possible infringement of the
law. The passage of the amendments to the Federal Constitution in 1993
has, in fact, been a check on perpetration of crime against citizens on
the part of the royalty. The situation before the amendments is a thing
of the past. The amendments have achieved the desired result. Rulers
have been sued in the Special Court. A good example is the Yang
Di-Pertua Negri of Negri Sembilan who was recently held by the Special
Court to be liable to a bank.
Restoration of immunity of the rulers
will only put the clock back for the country. This is a situation which
should be averted at all costs.
* Karpal Singh, DAP National Chairman & MP for Bukit
Gelugor