Act against ministers flouting law and cops who ignore violations, AG told

UPDATED | Attorney-General Idrus Harun must act against ministers who flout the law and the police who turn a blind eye towards them, said activist group Eliminating Deaths and Abuse in Custody Together (Edict).

Citing yesterday's reports of Deputy Health Minister Dr Noor Azmi Ghazali and Terengganu Menteri Besar Ahmad Samsuri Mokhtar violating the movement control order in place to combat the Covid-19 outbreak, Edict called on law enforcement officials to take action.

"Edict shares the exasperation of the public over the outrages which are being committed by the government during the period of movement control order which began on March 18.

"The government – without the approval of Parliament – has in effect decided that the punishment for violation of the MCO is imprisonment although the law provides alternative punishments.

"Though not in the form of a written directive to the courts, the signal is clear: the creation of 13 new detention centres has commenced. Offenders will be imprisoned," said Edict.

Edict even cited the case of Prime Minister Muhyiddin Yassin for going shopping in a supermarket in Kuala Lumpur on March 29. He was allegedly in the company of his wife, which if true, would have contravened the dictates of the MCO.

"There are photos of Noor Azmi and others eating together during a visit to a Tahfiz school. There are photos of a group who went with Ahmad Samsuri on a social visit to a former MB (Ahmad Said).

"It is inconceivable that they were providing any gazetted essential services," said the group.

It said that the cases of offenders being fined and jailed now run into the thousands yet no action has been taken against the ministers and deputy ministers.

Amanah legal bureau chairperson Dr Zulqarnain Lukman also weighed in saying in a statement that up until April 17, some 17,024 individuals had been arrested and issued a RM1,000 fine or were charged in court.

Citing the circulation of photographs on social media of these leaders carrying out social activities, he said it was in direct violation of the rules of the MCO. 

He also noted that Perak police chief Razarudin Husain had said that investigations had been opened into the Tahfiz school visit involving Dr Noor Azmi.

"We urge that violators be charged in court without any exceptions," said Dr Zulkarnian citing Article 8 (1) of the Federal Constitution which states that "every person shall be equal under the law and have equal protection of law".

Noor Azmi did not respond to requests for comment.

Yesterday, Defence Minister Ismail Sabri Yaakob said that no one is above the law when asked about “high-ranked persons” who appeared to violate the MCO.

“I have been made to understand that police reports have been lodged. Therefore, we will leave it to the police to take action,” he added.

Edict said that partly in anticipation of just such “above the law” behaviour by politicians, the Federal Constitution, in Article 145, paragraph 2, requires the attorney-general to advise “the cabinet or any minister” on legal matters.

Paragraph 3 gives the AG power to institute proceedings for offences.

"The intent of Article 145 is, amongst other things, to ensure that everyone is treated equally under the law, even those who wield executive and legislative power.

"Since the ‘punishment’ of ‘handcuff, remand and imprison’ has been meted out to thousands, including the abject poor, why are ministers spared?" it asked.

Edict said it was incumbent upon the AG to advise the ministers they have contravened the MCO and instruct the police that these leaders be treated equally under the law.

"Yet, amidst the public furore over the flouting of the law [...] there has been no comment by the AG.

"We call upon members of the government, from the prime minister down, to lead by example and offer themselves to the police for arrest, handcuff, remand, and subsequent prosecution.

"We call upon the AG to explain his silence," the group added.

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