Police should have notified me of Rafizi's arrest, says speaker
PARLIAMENT | Dewan Rakyat speaker Pandikar Amin Mulia acknowledged that police have the power to arrest PKR lawmaker Rafizi Ramli under the Official Secrets Act without a warrant outside the Parliament gates.
However, he said the police should have notified him so that he can inform the House.
PARLIAMENT | Dewan Rakyat speaker Pandikar Amin Mulia acknowledged that police have the power to arrest PKR lawmaker Rafizi Ramli under the Official Secrets Act (OSA) without a warrant outside the Parliament gates.
However, he said the police should have notified him so that he can inform the House.
"Besides that, while the arrest took place outside, it was close to the Parliament compound.
"This is in line with the responsibility of the police to ensure the security and harmony of the Parliament sitting as enshrined in Article 1(e) of the Parliament's Standing Order.
"While a member is protected from arrest for civil contempt of court, there is no protection from arrest for criminal contempt of court," he said.
Quizzed by reporters later, Pandikar said the police’s action was not in contempt, but based on convention, they should have informed him first.
Pandikar made the ruling today as to whether inspector-general of police Khalid Abu Bakar had breached Parliament's Standing Order with the arrest.
PKR Sungai Petani MP Johari Abdul had tabled a motion to urge the speaker to rule if the IGP committed contempt against Parliament.
Standing Order not binding on IGP
Explaining further, Pandikar said it is a convention at parliaments worldwide that makes it compulsory for the police to inform them before any members get arrested.
However, he added, the convention is merely a practice and not a law which the police should follow.
"They can (choose to) follow or not follow," Pandikar said.
"It is up to them (whether they want to respect the House). Respect is something you can't force on any other party," he added.
Pandikar then clarified that he was unable to rule the IGP committed contempt against Parliament as it would only show lawmakers are above the law.
"If that is done, we are saying the members of Parliament are above the law. Nobody is above the law," he stressed.
The IGP is not a lawmaker and the Standing Order is not binding on him, Pandikar added.


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