M.Krishnamoorthy
A media coach, adjunct professor and author
The King and Conference of Rulers could have resolved the controversy of Najib Razak’s “house arrest” issue through the “New Rulers Court.”
This has left Malaysia, like a car without one wheel in the administration of justice.
Former Judge Datuk Hamid Sultan Abu Backer in his article titled “New ‘rulers court” can restore the Rule of Law.
The learned Judge commented: “Recent media coverage of Najib Razak’s pardon process have seen many of our leading jurists, commentators and politicians spouting muddled jurisprudence. Some have peddled false and misleading narratives, while others have displayed a lack of understanding.
“As a result, even straightforward concepts enshrined in the constitution, such as the absolute right of rulers and governors to grant pardons, and the role of the pardons board in the process, have been cast aside or compromised. Numerous other recent events have also laid bare the collapse of the rule of law in the country, including the numerous race and religious issues that have arisen and the resulting boycotts of businesses,” Judge Hamid Sultan noted in his opinion column.
It’s time for the Prime Minister, the AGC, the Law Minister and other relevant authorities to discuss this new provision with the Conference of Rulers to play a key role in the administration of the Rule of Law.
Meanwhile, the retired Court of Appeal judge said the Conference of Rulers appears to have shied away from playing an active role in remedying the ensuing injustice likely due to an incorrect interpretation of the power it wields in the administration of justice.
“That, unfortunately, has left Malaysia like a car with one of its four wheels removed. To my mind, the imbroglio can only be resolved if the rulers accept and enforce their true constitutional role in the administration of the country.
“To enable them to do so, they must insist that an advisory body, independent of the existing court system, be formed to advise them on matters about the administration of justice and the restoration of the rule of law in Malaysia.
“Such a body will be the modern-day equivalent of the Privy Council, acting as a formidable check-and-balance to the role of the three licensed pillars of government. This ‘rulers court’ should comprise retired judges and jurists, preferably from England and other established common law countries, who are capable of rendering sound and impartial advice.
“It should also act as an oversight committee and must be empowered to advise the rulers on complaints from the public about breaches in the rule of law by the government and its various agencies, political bodies and politicians, as well as violations by constitutional functionaries of their oaths of office.
“There is no doubt in my mind that the framers of our constitution had originally intended the Privy Council, made up of judges without religious or racial biases, to perform this very role. Article 38 of the constitution has vested prerogative and discretionary powers in the rulers, including the power to act in matters of a sensitive nature. The constitution has also given the Yang di-Pertuan Agong the keys to Parliament and command of the army.
“The removal of the Privy Council as the rulers’ sounding board almost 40 years ago now has created a gaping hole in the rule of law which must be plugged. It’s time to bring that council back in another form like through the Conference of Rulers,” said
Freelance Writer M. Krishnamoorthy (www.imkrishna.net) is a media coach, adjunct professor and undercover journalist. He has freelanced with Bernama, NST, The Star, and Malaysiakini. He also freelances as a fixer/coordinator for CNN, BBC, German and Australian Television networks and the New York Times. As an undercover journalist, he has highlighted society's concerns.
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