Police had no right to evict Teng from the Selangor State Assembly
Press Statement
by Karpal Singh
(Penang, Friday):
The police had no right to evict DAP Bandar Klang
assemblyman Teng Chang Khim from the Selangor State Assembly on Tuesday. It
was scandalous for the four police officers, including State police chief
Datuk Mohd Noor Hamat and State CID Chief SAC 11 Abu Bakar Mustafa to have
acted in the manner they did.
The Speaker had the authority under the Standing Orders of the Dewan to have
suspended Teng. This authority, although high-handed, is the prerogative of
the Speaker and cannot be challenged in a court of law. However, it is the
sergeant-at-arms of the Dewan who had the authority to evict Teng from the
assembly by application of reasonable force with the assistance of security
officers at the assembly, if necessary. The Speaker had no right to adjourn
the House and call the police. The police had no right to barge into the
chamber of the assembly. Clearly, the Speaker abused his powers in involving
the police in the episode.
A state assembly has the right to regulate its own proceedings. However,
being a legislative body, it cannot involve the executive, through use of
police officers, to enforce any order made in the assembly. This clearly and
absolutely infringes the doctrine if Separation of Powers upon which the
country operates on the authority of provisions in the Federal Constitution.
What was done by ACP Datuk Mohd Noor Hamat and his men apart from being
high-handed, was also illegal, not being on the authority of any legal
authority or power.
ACP Datuk Mohd Hamat and his men are, to my mind, guilty of use of criminal
force on Teng. Of course, Teng has a corresponding right to sue the police
for damages for assault. The authority from the Speaker to do what they did,
is no defence as the Speaker had no lawful right to have involved the police
in proceedings of the assembly.
I call upon the Attorney-General, Tan Sri Abdul Gani Patail, to initiate a
thorough investigation into the conduct of ACP Datuk Mohd Noor Hamat and his
officers with a view to their being charged in court. The police are
expected to uphold the law, not contravene it. What has happened should not
be allowed to set a precedent.
In the meanwhile, Dewan Rakyat Speaker, Tun Zahir Ismail, should call for a
meeting of all Speakers of state assemblies in the country for a briefing to
obviate recurrence of what happened in the Selangor State Assembly on
Tuesday.
(21/11/2003)
* Karpal Singh, DAP
National Deputy Chairman
|
http://dapmalaysia.org