NGA KOR MING |
MEDIA STATEMENY BY NGA KORMING, MP FOR TAIPING
Federal constitution had empowered the police to set
up supervisory body to exercise disciplinary control over PDRM, including IPCMC
and as such, the Najib’s Government shall not further delay to implement the recommendation
as stated by Tun Dzaddin’s Royal Commission since eight(8) years ago.
Under the heading of Police Force Commission, Article
140(1) of the Federal Constitution clearly stated : “ There shall be a police Force commission
whose jurisdiction shall extend to all persons who are members of the police
force and which, subject to
the provisions of any existing law; shall be responsible for the appointment,
confirmation, emplacement on the permanent or pensionable establishment,
promotion, transfer and exercise of disciplinary control over members of the
police force :
Provided
that Parliament may by law provide for the exercise of such disciplinary
control over all or any of the members of the police force in such manner and by
such authority as may be provided by that law, and in that event, if the authority is other than the Commission, the disciplinary control exercisable
by such authority shall not be exercised by the commission; and no provision of
such law shall be invalid on the ground of inconsistency with any provision of
this part.
Article 140(2) also provided that Federal law may
provide for the exercise of other function by the Police Force Commission.
From the above provision, it is undisputed that
Parliament is empowered to pass any law to govern & exercise disciplinary
control over members of the police force and that is to include, setting up of
Independent Police Complaint & Misconduct Commission(IPCMC).
Hence, the above constitutional provision had proven
that the statement made by the Home Minister, Dato Seri Ahmad Zahid Hamidi when
answering question in parliament are both flaw and misleading.
Dato Seri Ahmad Zahid Hamidi while replying to MP’s
question in the Dewan Rakyat last week had told the House that the main reason
why government did not accept the Royal Commission’s recommendation to set up
IPCMC is because such proposal is
unconstitutional. This is now proven to be wrong and misleading.
As such, it is only appropriate that Zahid shall step
forward to apologize to the Dewan Rakyat for the mistake he had made and
failing which, it can be construed that he had made such statement with
deliberate intention to mislead the Dewan.
Should that be the case, being a member of parliament,
I will consider to refer the Minister to the priviledge committee under Rule
36(12) of the Standing order for making false statement with intention to bring
disrepute to the Dewan.
One must remembered that according to Zahid’s reply,
it was revealed that there were 231 custodial deaths in the period of last 10
years, and death under police custody is a manifestation of cruelty, brutality
and severe infringement on human right by the authority which must be taken
with utmost seriousness.
As custodial death mostly involved police force, it is
only appropriate that an independent body be set up to investigate wrong
doings, if any, by the police. Any internal body to conduct investigation
against own peers obviously is never sufficient nor shall it be effective. The
present system under EAIC had been proven to be ineffective to curb such abuse
of power.
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