Is police chief now attorney-general II?

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YOURSAY ‘The lawman breaks the law? It can only happen in Bolehland.’

10-day assembly notice stays, says top cop

    

Gerard Lourdesamy: The Court of Appeal declared Section 9(5) of the Peaceful Assembly Act (PAA) 2012 as unconstitutional in its majority judgment and Section 9(1) as unconstitutional in the minority judgment.

Therefore, until the decision is stayed by the Court of Appeal or the Federal Court, it takes effect. An appeal by itself does not amount to a stay of the decision of the appellate court.

The police can open an investigation but not under Section 9(5) of the Act but for violation of the conditions imposed when the permission to hold the gathering was granted, which is in Section 15(3) of the Act.

The inspector-general of police (IGP) should also be reminded that the police must respect decisions of the court, and that the Court of Appeal is the second highest court in the land.

What if the Federal Court disallows the attorney-general’s appeal? Will the IGP still disobey the apex court?   

Whatsup: In the recent conversion-kidnap case, the IGP refused to act despite the court granting custody of the child to the mother. Now, it's been ruled by the appellate court that PAA's 10-day notice is unconstitutional and the case thrown out. And yet he ignores the court order.

Do we have an IGP who's totally ignorant of the law or does he think he is above the law and can do as he sees fit?

Ferdtan: The lawman breaks the law? It can only happen in Bolehland, where the police chief can interpret law of the land his own way.

IGP Khalid Abu Bakar, by saying that the 10-day advance rule before a rally still stands in spite of a clear judgment by the Court of Appeal shows contempt of court.

Whether the AG appeals or not, at this juncture the rule made by the court stands: that there is no need for advance notice to the police before holding any rally.

This is how useless and weak the AG’s Chambers (not surprising) and judiciary are when a top police officer who knows nuts about law thumbs his nose at them.

Are we being ruled by law (dubious, obviously) instead of rule of law? Wasn’t it one of the main issues brought up by civil society groups - the issue of rule of law - to United States President Barack Obama?

Due to the success of the anti-GST rally, coupled with the surprisingly lenient cooperation of the police with the organiser, are they now changing the tune to be difficult?

Now we expect the police to go back to the old ways - like tear-gassing, water cannoning and beating up the protesters, as had taken place during the last two Bersih rallies.

Onyourtoes: Hello IGP, the 10-day advance notice is unconstitutional. That is the law of the land as it stands today, until such time when it is overturned by a higher court.  

Who cares whether it is under appeal or not. Someone should take legal action to cite you for contempt and send you to prison.

                                        

Wira: If the provision under the law is ruled unconstitutional, the police should abide with it and not enforce it until the appeal is won.

You see, Opposition Leader Anwar Ibrahim did not contest Kajang because of the Court of Appeal decision even though an appeal was in the process. Why can't the IGP possess such civility and common sense?

Ipohcrite: By his stand on the matter, Khalid has usurped the role of the attorney-general by insisting that there is an appeal. Could it be that he is now the attorney-general II?

Tholu: The Court of Appeal decision is a little confusing. While the judges declared that Section 9(5) is ultra virus, they at the same time maintained that Section 9(1) is within the constitution.

How is it that the penalty section for an offence under an Act is unconstitutional but the section describing the offence itself is within legal authority?

Wouldn't it follow, logically, that if a penalty section for an offence is ultra vires, then the section describing the offence itself must be ultra virus.

Anyway, whatever it is, in my opinion, if there was no appeal made for a stay of execution of the judgment pending appeal, the IGP could possibly be committing contempt of court by opening investigation papers against the rally organisers.

The IGP ought to know "be he ever so high, the law is above him". But then again, he is an IGP of Umno and not the citizenry, and therefore he is indeed above the law just as his political master Umno is.

This, for you my dear fellow citizens, is PM Najib Abdul Razak's "best democracy in the world".

Swipenter: There is only one valid law in Bolehland. It is the law of Umno Baru. Our "independent" judiciary is a shame and a laughing stock.

What is the chief justice's stand on the IGP ignoring court rulings and junior judges not following decisions of the higher courts?

Senior Citizen: Laws are meant for the benefit of the people and not against the people. Get this into your head, Mr IGP.

You may appeal, which is your right. But that does not exempt you from showing disrespect to the court.

Kim Quek: The IGP’s ignorance of such basic rule of law is shocking. Until the current Court of Appeal’s judgment is overturned in the Federal Court (if at all it will come to that), Section 9(5) is unconstitutional and hence null and void in law.

As correctly pointed out by many Malaysiakini readers, the IGP is now at risk of being charged for contempt of court. Where is the invisible and inaudible attorney-general?  

Peacemaker: Will the AG immediately made a police report and the local ‘balai’ (police station) arrange for the arrest of the IGP for contempt of court?

The IGP has openly stated that he will defy the Court of Appeal ruling that the 10-day notice requirement is unconstitutional.

Obviously, the Khalid Abu Bakar doesn't know his law. God help us with a chief law enforcer that's ignorant, and arrogant to boot.


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