Malaysian Bar president Steven Thiru disagrees with new Attorney-General Mohamed Apandi Ali, saying he sees the removal of Apandi’s predecessor, Abdul Gani Patail, as unconstitutional.

Thiru said if Gani's removal was due to health reasons, he should have been taken to the medical board for evaluation and not removed just as he was, since Gani is from the Judicial and Legal Service.

"Gani's position is different from the appointment of politicians or MPs as the attorney-general, since Gani as the attorney-general from the civil service, he serves with the Judicial and Legal Service.

"Hence, his removal for health reasons should have been subject to approval from the medical board and not merely based on a statement from the chief secretary to the government."

"If Gani is not satisfied, he can challenge his removal in court. However, staying on as an officer in the Judicial and Legal Service is, in effect, a demotion for Gani," Thiru ( photo ) said today.

Thiru explained that Article 135 (2) provides Gani further protection. If   he is either dismissed or reduced in rank, then he has the right to be heard.

According to the statement issued by the government, Thiru said, Gani would continue to serve as a judicial and legal service officer until his retirement in October.

"That we take as a reduction in rank and if there is a reduction in rank, there is a right to be heard. If there is a right to be heard, it should be on the reasons given by the government and that he has a health concern.

"If the services of civil servants are to be terminated due to health reasons, there are certain procedures, there are medical board procedures.

"Those procedures must be complied with, where civil servants have the right to face the board and face these concerns and then they decide. This has not been complied with in Gani's case and it renders his removal as unconstitutional, based on what we know," he said.

Thiru explained further that if the AG is a cabinet minister, then termination is at the pleasure of the Yang di-Pertuan Agong, but if he brought in as a civil servant, his rights as a civil servant prevail and he has the right to be heard.

In a move that shocked many, Chief Secretary to the Government Ali Hamsa ( photo ) announced on Tuesday that Gani had been replaced with former Federal Court judge Mohamed Apandi Ali.

Gani was supposed to retire on Oct 6, when he turns 60, the mandatory age of retirement for civil servants.

Ali said Gani was removed due to health reasons, but Gani himself appeared surprised by his removal when he was contacted by the media.

A constitutional lawyer had told Malaysiakini that Gani could institute a legal challenge on his removal after claiming he did not know he was withdrawn from heading the Attorney-General's Chambers.

Gani could do so by asking the court to interpret Article 145 (5) and (6).

There are also mixed views over the interpretation of the two above clauses.

However, Apandi maintained that the removal of Gani had been carried out in accordance with the Federal Constitution.

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