OPINION | Tony Pua's Case Will Pit "Keluhuran Perlembagaan" Against "Kesetiaan kepada Raja Dan Negara"

Opinion
4 Jul 2026 • 3:00 PM MYT
TheRealNehruism
TheRealNehruism

An award-winning Newswav creator, Bebas News columnist & ex-FMT columnist.

Image from: OPINION | Tony Pua's  Case Will Pit "Keluhuran Perlembagaan" Against "Kesetiaan kepada Raja Dan Negara"
Image credit: Malay Mail

DAP Adviser Tony Pua is still under investigation for touching on the constitutional monarchy system and Rukun Negara.

Home minister Saifuddin Nasution Ismail said the investigation paper was referred to the Attorney-General’s Chambers on May 25 before being sent back to the cops.

“Police are continuing their investigation to complete the probe paper before a final decision (on the case) is made,” he said in a written parliamentary reply.

What is the case against Tony ?

Well, to cut a long story short, it is because when asked to be obedient to the Selangor Sultan's "titah" in line with the "Kesetiaan kepada Raja Dan Negara" part of the Rukun Negara, Tony objected to the Titah under the premise that upholding the "Keluhuran Perlembagaan" part of the Rukun Negara requires that one insists that the manner that monarchy exercises its power does not exceed the limits provided for it in the constitution.

If this case goes to court under the charge that Tony has desecrated the "Kesetiaan kepada Raja Dan Negara" part of the Rukun Negara, and Tony defends himself by saying that he is merely upholding the "Keluhuran Perlembagaan" part of the Rukun Negara, this case is going to cause us to contemplate the possiblity that the Rukun Negara is in conflict with itself.

That the case will play out in the courts will also likely pressure the "Kedaulatan Undang Undang" part of the Rukun Negara, when the courts are placed in the unenviable position of choosing between two parts of the Rukun Negara that is conflict with each other.

In conclusion, if Tony's case goes to trial, it might be Tony that is in the docks, but it is actually the Rukun Negara that is on trial.

Considering that, perhaps the authorities need to think very deeply as to whether they want to take this case trial, and put themselves in a "damned if you do and damned if you don't " situation.


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