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Showing posts with label PERAK CONSTITUTON. Show all posts
Showing posts with label PERAK CONSTITUTON. Show all posts

MESTI BERMULA DENGAN LAPORAN POLIS

Laporan yang berasingan telah dibuat ke atas Setiausaha Kerajaan Negeri, Dato' Dr Abdul Rahman Hashim dan Ketua Polis Daerah Ipoh, ACP Azisman Alias yang dikatakan telah menghalang anggota DUN Perak dari bersidang dengan mengunci Dewan serta mengarahkan Polis secara fizikal membuat sekatan.

*2 Adun buat laporan polis terhadap Ketua Polis Ipoh, SUK Perak

*Reports lodged against Ipoh OCPD

2 Adun buat laporan polis terhadap Ketua Polis Ipoh, SUK Perak


Anggota Dewan Undangan Negeri Perak kawasan Titi Serong, Khalil Idham Lim, dan Adun Pantai Remis, Nga Kor Ming, hari ini membuat laporan polis berasingan terhadap Setiausaha Kerajaan Negeri, Dato' Dr Abdul Rahman Hashim dan Ketua Polis Daerah Ipoh, ACP Azisman Alias kerana didakwa menghalang mereka dan 26 Adun yang lain daripada memasuki Bangunan Perak Darul Ridzuan pagi tadi.


"Kami telah dihalang secara jelas oleh Azisman melalui pengumuman yang mengarahkan kami tidak masuk atas arahan Setiausaha Kerajaan Negeri Datuk Abdul Rahman Hashim", kata Khalil kepada pemberita di perkarangan IPD Ipoh hari ini, seperti dilaporkan Bernama.

Nga pula berkata Abdul Rahman dipertanggungjawabkan kerana menghalang ADUN daripada memasuki bangunan dengan mengunci dewan menyebabkan persidangan DUN tidak dapat diadakan dalam bangunan.

Selepas tidak dibenarkan masuk ke dewan Bangunan Perak Darul Ridzuan, Speaker mengadakan persidangan tergempar Dun di bawah pokok, 100 metar dari bangunan itu pada pukul 10.05 pagi tadi.

Azisman ketika ditemui berkata kedua-dua wakil rakyat itu berhak untuk membuat laporan dan polis akan menyiasat.

"Terpulang kepada pihak atasan untuk mengambil tindakan kerana tugas yang dilakukan oleh polis adalah arahan daripada SUK," katanya.

Harakahdaily
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Reports lodged against Ipoh OCPD

Two Pakatan Rakyat assembly persons have lodged police reports against the Ipoh OCPD for stopping 28 assemblypersons from entering the Perak Darul Ridzuan Building this morning.

The two assemblypersons, Khalil Idham Lim (Titi Serong) and Nga Kor Ming (Pantai Remis), also lodged a similar police report against the state secretary.

Both assemblypersons lodged the reports at the Ipoh police headquarters at 2.55pm today.

Khalil told reporters that a group of "thugs", whom he claimed to be Umno supporters, and a Federal Reserve Unit (FRU) team led by OCPD ACP Azisman

Alias had stopped him and 27 other Pakatan Rakyat assemblypersons from entering the building to attend the state legislative assembly sitting.

"We were told by Azisman not to enter the building on the instruction of the state secretary," he said.

He claimed that both Azisman and the state secretary had committed a criminal offence by restraining members of the assembly from exercising their duties.

Nga described the incident as "embarrassing" and "unprecedented in the country's 52 years of nationhood."

He said the state secretary should be held responsible for the incident for locking the door to the building, and forcing the state legislative assembly to convene an "emergency sitting" under a tree not far from the building.

Azisman, when met, confirmed that police had received both reports.

Bernama / thenutgraph

Read More “MESTI BERMULA DENGAN LAPORAN POLIS”  »»

LEGALITY OF THE ILLEGAL GOVERNMENT THAT REQUESTS FOR ASSEMBLY SITTING TO BE DECLARED ILLEGAL

Sivakumar's lawyers argued that the assembly was adjourned sine die last November and as such, the Speaker had the power to convene a new sitting.

According the Secretary of the Assembly, the emergency sitting of the assembly called for today (Tuesday) is not valid because it does not have the consent of the Sultan of Perak.

The assembly is separate from the state secretariat.

State Police chief warned of police action against any gathering at the Perak Darul Ridzuan complex, saying such gathering would be illegal.


Meanwhile, MTUC says Stop politicking, get to work!

"With so many claims and counter-claims by both sides, it was difficult for the common man to undestand the actual situation,"

Showdown in Perak


The stage is set for a showdown here tomorrow between two political groups, each claiming to be the rightful state government.

A defiant State Legislative Assembly Speaker V. Sivakumar is bent on going ahead with an emergency sitting of the assembly tomorrow morning to vote on two motions, aimed at killing the Barisan Nasional administration of Datuk Dr Zambry Abdul Kadir who was appointed by the Sultan of Perak as mentri besar.

But the obstacles are already up. Since this evening, police roadblocks were erected along the main road leading to the Perak Darul Ridzuan building which houses the Perak Mentri Besar office, the State Secretariat and the Legislative Assembly.

An unsigned notice put up at the complex advised employees at the building in Jalan Panglima Bukit Gantang Wahab to cancel all appointments tomorrow at the premises.

However, in reaction, senior DAP exco member Datuk Ngeh Koo Ham said they will go ahead to attend the assembly. He pointed out that the assembly is separate from the state secretariat.

Ngeh was with reporters waiting at the Ipoh High Court this afternoon, following talk that BN lawyers would file for an injunction to stop the special meeting.

Perak police chief Datuk Zulkefli Abdullah warned of police action against any gathering at the Perak Darul Ridzuan complex, saying such gathering would be illegal.

He said they were informed by the building administration that the State Assembly would not sit tomorrow and added that only employees and people with special approval would be allowed in.

"According to a statement from the Secretary of the Assembly received today, the emergency sitting of the assembly called for tomorrow (Tuesday) is not valid because it does not have the consent of the Sultan of Perak," he said when contacted by Bernama.


This afternoon, Zambry told a press conference that they had filed an originating summons in the High Court today, seeking a declaration that Sivakumar's decision to suspend him and his exco was unconstitutional, unlawful and ultra vires the constitution.

The case will be heard at 9am tomorrow.

He said another suit was also filed, by the three BN-friendly Independents on the status of their unsigned resignation letters, which Sivakumar had used to declare their seats vacant. This will be heard on March 5.

In another development, state executive councillor Mohd Zahir Abdul Khalid served notice to refer Sivakumar to the Rights and Privileges Committee for alleged misconduct.

The notice, to which was attached a report on the alleged misconduct by the speaker, was served on Sivakumar's political secretary A. Basu at the speaker's office at the Bangunan Perak Darul Ridzuan at 11am.

Mohd Zahir said the notice was also related to several actions of the Speaker, including his decision to suspend Zambry and his six state executive councillors from the legislative assembly recently.


FRU unit deployed at the Perak State Assembly Building
"We regard this as being contrary to the Perak Constitution and in violation and contempt of the order of the Sultan of Perak. We, as the state assemblymen including the speaker, must state our undivided loyalty to the Sultan of Perak," he told reporters after serving the notice.

He said according to Article 47 of the Perak Constitution, all state assemblymen had sworn to, among other things, uphold, safeguard and defend the Perak Constitution as well remain loyal to the Sultan of Perak.

Deputy Prime Minister Datuk Seri Najib Abdul Razak had on Saturday said that Sivakumar could not call the sitting as the court had yet to decide on the status of the state government.

However, Sivakumar's lawyers had argued that the assembly was adjourned sine die last November and as such, the Speaker had the power to convene a new sitting.

Courtesy of sun2surf (photos and story)

MTUC: Stop politicking, get to work!

The Malaysian Trades Union Congress (MTUC) wants the Government and the Opposition to cut down on politics and start governing the country.

MTUC secretary-general G. Rajasekaran(pix) said it had been "one long year" since the conclusion of the 12th General Election (GE) last March, and politicians on both sides were still on"'campaign mode".

He said it was time both sides got cracking and put in place, concrete plans to ensure the country could withstand the onslaught on its economy due to external sources.

Rajasekaran expressed concern over the Federal Government's indecisiveness on many important basic issues in the past year, which affected the man-in-the-street and the workers, like the hike in price of petrol, diesel, water, sugar and highway toll.

The MTUC was also very concerned with the lack of cooperation between the five opposition states and the Federal Government on so many issues which confused the people.

Rajasegaran said MTUC was particularly concerned with the fluid situation in Perak as it was also confusing the people.

"With so many claims and counter-claims by both sides, it was difficult for the common man to undestand the actual situation," he pointed out.

Expressing similar sentiments, the Federation of Malaysian Consumers Association (FOMCA) said the government machinery should not be used for "narrow political agenda" of political parties.

Its secretary-general, Muhammad Shaani Abdullah, said politicians should stop dividing the people to serve their own political interests.

He pointed out that it had almost been three months since approval of the 2009 Budget, but the people were still waiting to see results.

Bernama

Legal Expert Says

Read More “LEGALITY OF THE ILLEGAL GOVERNMENT THAT REQUESTS FOR ASSEMBLY SITTING TO BE DECLARED ILLEGAL”  »»

BETWEEN THE LOVE FOR THE SULTAN AND FEAR OF THE RAKYAT

Emotions run high. Double standard seems to be the rule of the day. Common sense and rational thinking do not prevail. Speed and hastiness in decision making are aggravated by imprudent advice and vested interest. Let's take a brief look.

On the occasion of tabling the "Rang Undang-undang Akta Perlembagaan (Pindaan) 1993 " on 18 Jan 1993, Dr Mahathir Mohamad said,

"Sementara halangan ke atas teguran ini dikatakan akan memelihara kemuliaan Raja, tetapi apabila Raja tidak ditegur, maka ia tidak akan sedar akan kesalahan yang telah dilakukannya. Dengan itu, mungkin lebih banyak kesalahan akan dilakukan dan kesalahan ini mungkin akan menjadi lebih serius. Ini bukan sahaja akan mencemarkan kemuliaan Raja, bahkan juga boleh menimbulkan kebencian rakyat terhadap Raja. Tidaklah benar jika dikatakan larangan terhadap mengkritik Raja akan memelihara kemuliaan Raja. Sebenarnya kemuliaan Raja akan tercemar kerana larangan ini."

"Kekebalan Raja atau Sovereign Immunity adalah suatu prinsip feudal -- satu konsep kononnya `The King can do no wrong`. Mengikut Dr. Hogg dalam bukunya `Liability of the Crown` konsep ini berasas kepada alasan bahawa seorang Raja tidak boleh didakwa dalam mahkamahnya sendiri. Alasan ini sudah lama dipersoal dan ditolak oleh pakar-pakar undang- undang di Eropah seperti Adams yang merasakan tidak ada keraguan bahawa feudal lords diletak di bawah mahkamah mereka sendiri -- `No doubt at all of the subjection of feudal lords to their own courts`".

UMNO members did not raise an eyebrow then , let alone lodge a police report against the then Prime Minister Of Malaysia.

During the MB crisis in Terengganu soon after the Malaysian 12 General Election, HERE, no one even mentioned the Dato' seri title from Idris Jusoh be revoked OR he had committed treason (derhaka).





Datuk Seri Ali Rustam had this to say about the Palace decision in appointing Ahmad Said:
One UiTM Professor of law, supposedly an expert on Constitutional Law commented on the crisis,



Now let us see what UMNO Vice President Muhyiddin Yassin has to say:

In the case of Perlis,


Whilst in Perak, so much has been said and done from every quarter that the image of Islam and the Perak Sultanate have been affected. The Islamic injunction that enjoins the doing of justice even to your foe or your hated ones is swept under the carpet.




So it is clear to anyone with a few mg of grey matter but without prejudice and blind hatred for races other than one's own that two sets of rules and playing grounds exist in Malaysian politics at the moment, the existence of which make national solidarity an almost impossible national agenda.

FULL REPORT HERE

Merdeka Centre Opinion Polls HERE

Malaysiakini Opinion Polls HERE

Read More “BETWEEN THE LOVE FOR THE SULTAN AND FEAR OF THE RAKYAT”  »»

NOT IN PERAK CONSTITUTION TO DISMISS MB BUT WITHIN SULTAN'S POWER


Not in constitution, but sultan can dismiss MB

The Sultan of Perak has the power to dismiss his Menteri Besar even though the latter refuses to tender his resignation after being decreed to do so, a constitutional law expert said today.

However, the power to do so is not within the provision of the Perak constitution but from the Interpretation Act which says the power to appoint also includes the power to remove, said Prof Dr Shad Saleem Faruqi.

"Article 16 Clause 7 of the Perak constitution says a member of the executive council other than the MB (Menteri Besar) holds the office at the pleasure of the Sultan. In other words, the MB cannot be dismissed.

"But Article 16 Clause 6 says if he loses the confidence (of the majority) he must resign. So the grey area is what happens if he doesn't resign," he said when contacted by Bernama today.

He said the two separate provisions seemed to contradict, so one had to look beyond the Perak constitution and into the Interpretation Act, which states the power to appoint includes the power to remove.

"In a situation where the person (MB) doesn't want to step down despite having lost (the support of the majority), I think the Sultan will have the power to remove.

"I'm sure he (the Sultan) doesn't relish (having to remove the MB) but the whole world is watching. The government is collapsing not due to popular mandate but due to defections.

"I'm sure Tuanku is very pained by all this, but he is in a dilemma, he has to have a government but there is an obvious stalemate," he said.

Shad Saleem said he personally favoured a dissolution to let the people decide but the move would involve a substantial amount of expenditure and disruption at the expense of the people, which he felt the Sultan had undoubtedly taken into account when making his decision.

He was commenting on Perak MB Datuk Seri Mohammad Nizar Jamaluddin's refusal to resign from his post even after being decreed to do so immediately by Sultan Azlan Shah.

A statement from the Sultan of Perak's office said that if Mohammad Nizar does not resign his post as Perak Menteri Besar together with the members of the state executive council, the posts of Menteri Besar and state executive councillors would be considered vacant.

However, Shad Saleem said that Mohammad Nizar's defiance was not a punishable offence.

Bernama / the NUT GRAPH
5 Feb 09 : 8.15PM

Read More “NOT IN PERAK CONSTITUTION TO DISMISS MB BUT WITHIN SULTAN'S POWER”  »»
 

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