Tan Sri Gani Patail must step down as Attorney-General.
Malaysia can ill afford to have an AG who is seen to be weak and selective in his choices of prosecution.
Gani is reported to have said that action would not be taken against Ibrahim Ali for his call to burn copies of the Bible containing the word “Allah”, as he was exercising his constitutional right to defend islam.
With respect, that is utter nonsense.
No one has the right to commit criminal offences in defence of their religion in this country and if Gani is going to start this unlawful and dangerous trend here in Malaysia, then he is to my mind, certainly unfit to be Attorney-General. He cannot and must not be allowed to continue in this direction.
Apart from the legalities involved, Gani has also lost the moral high ground to remain as AG. He has failed to act against such open and extreme disregard for racial and religious sensitivities advocated in this case. He has failed, I say, in his duties as Public Prosecutor.
He must therefore resign.
In an effort to deflect criticism against herself in this matter, minister in the Prime Ministers department Datuk Nancy Shukri is reported to have said that she was merely conveying Gani’s reasoning over the matter in her response to Parliament.
She says the decision by the AG was because of the context of the speech which was in line with Article 11(4) of the Federal Constitution.
With respect, that makes matters worse. It is quite clear that nothing in Article 11(4) of the Federal Constitution makes it a defence for any person to commit criminal offences.
So, such an argument is not only legally flawed but also highly offensive and insulting to the Federal Constitution.
As the de facto Minister of law, Nancy must play a greater role. She must demonstrate that she is independent and that she has the courage to speak up against the AG and do what is right.
I call upon her to now step up and criticize the AG for not prosecuting Ibrahim Ali in this case.
Malaysians have no reason, in the circumstances of this case, to expect any less from whom so ever it is that holds her portfolio in the Federal Government.