The Liberal -Discretionary Choice of Sedition

PM: "I instructed Tengku Adnan"

Prime Minister Datuk Seri Abdullah Ahmad Badawi said yesterday that he had instructed Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor to lodge a police report against DAP chairman Karpal Singh for making allegedly seditious remarks about the Sultan of Perak.

The prime minister and Umno president said Karpal's questioning of Sultan Azlan Shah's prerogative as the state's head of religion had angered many, including non-Malays.

"It was seditious and insulting to the Sultan, that is how it is seen in the eyes of the rakyat," he said.

He said it was the right of the state governments to move any of their civil servants without consulting the heads of state.

At the same time, the Barisan Nasional Backbenchers Club lodged a police report against DAP chairman Karpal Singh yesterday for questioning the Sultan of Perak Sultan Azlan Shah's decision to reinstate Datuk Jamry Sury as head of the Perak Religious Department.

Seven members led by its chairman and Bintulu MP, Datuk Seri Tiong King Sing, did so at 4.15pm at the Brickfields police station.

Tiong, in the report, said he was acting to protect the rights and sovereignty of the Malay Rulers under the Federal and state Constitutions.

Deputy Prime Minister Datuk Seri Najib Razak had said that Karpal had "disputed" the provisions of the Constitution by questioning the sultan's prerogatives as the Perak head of religion.

In another development, a coalition of more than 300 Malay non-governmental organisations lodged a police report against Karpal for "disrespecting the Malay rulers".

Council of Malay Solidarity president Osman Abu Bakar, in his report, claimed that Karpal had on separate occasions "insulted" the Yang di-Pertuan Agong, the Tengku Mahkota of Kelantan and Sultan Azlan Shah.

"Karpal Singh is biadap (rude)," Osman told reporters outside the Brickfields police station where he had lodged the report five minutes before Tiong.

Perak Umno youth had lodged a police report on Sunday (May 4) which claimed that Karpal's statements were seditious in nature.

"The act of continuously challenging the Sultan of Perak's prerogatives can be construed as an attempt to incite anger among the Malays," he said at the state Umno headquarters.

(source: NST: 'Many Malaysians upset with Karpal' and NST: BN backbenchers lodge report against Karpal)

It was seditious and insulting to the Sultan, that is how it is seen in the eyes of the rakyat. Let's observe other events whether it was also seditious and insulting to the Sultan and Agong.

Abdullah: It's Unconstitutional

In the immediate response to the appointment of State Assemblyman for Kijai Datuk Ahmad Said as the MB of Terengganu by the Regency Advisory Council, Prime Minister Abdullah Ahmad Badawi defended his choice of former MB Datuk Idris Jusoh for the post, saying “the appointment of anyone other than Idris is unconstitutional and invalid.” He said this was because the majority of the assemblymen in Terengganu wants Idris, the Jertih assemblyman to be reappointed the MB. “There will be no change to this,” Abdullah said after presenting the prizes to the F1 winners.

(reference: NST: Abdullah says Idris should be menteri besar)

Sultan murka Idris?

However, the Yang diPertuan Agong who is also the Sultan of Terengganu was apparently not happy with Idris. It is also believed that the sultan was also unhappy with the “apparent cockiness” shown by Idris during his tenure as menteri besar.

Sources told Malaysiakini today that the pressure on Idris from state Umno leaders and fellow state representatives were still apparent but they continue to support him for the menteri besar post to toe the party line. “It is simply because they don’t want to be seen as going against prime minister Abdullah’s choice,” said a source close to the state party leadership. “Furthermore, Idris is also the state Umno leader. It would not be sending a right signal if the state representatives leave him isolated, especially when the present political climate is so favourable to the opposition,” he added.

Source fears that the boycott plan by the 22 BN state representatives will draw a wider wedge between the palace and Umno.

Idris was originally slated to be sworn in on March 10 at Istana Maziah but that ceremony was postponed at the eleventh hour to a date that was to be determined later.

It’s the sultan’s prerogative

Constitutional law expert Prof Abdul Aziz Bari said that it was the sultan’s prerogative to appoint Ahmad to the post.


“Given the law, namely that it is the ruler's judgment and satisfaction, there is nothing Idris or the prime minister can do about it. "

"Legally the prime minister has got no business here as it is a matter for the sultan to decide,” he added. However, Abdul Aziz said that the sultan must make his position clear by stating why he took the present position.

Abdul Aziz also ruled out any possible claims that the sultan had acted beyond his powers in appointing Ahmad.

“I believe he has got all the information pertaining to what has taken place in the state. And, like what has been done by the rulers of Perak, Perlis and Selangor, he has a duty to appoint a government that is stable and has the necessary support,” he said.

(source: Malaysiakini)


24 BN Rep will not accept Sultan's choice of MB

Twenty-two out of the 24 Barisan Nasional state assemblymen, five MPs and four out of the eight Umno divisions in Terengganu have thrown their support behind state Umno liaison chief Datuk Seri Idris Jusoh as the menteri besar.

State Umno secretary Datuk Rosol Wahid, in a hastily arranged press conference last night, also said Kijal state assemblyman Datuk Ahmad Said, who was picked by the palace to be menteri besar, did not have the support of the seven divisions as was alleged on Saturday. He said support for Idris came from Umno division heads from Kuala Terengganu, Jertih, Kuala Nerus and Besut at a meeting at Seri Perdana, Putrajaya, with Prime Minister Datuk Seri Abdullah Ahmad Badawi, Deputy Prime Minister Datuk Seri Najib Razak and Idris.

Present at the meeting to show support for Idris were the 22 state assemblymen and leaders from state Umno Youth, Puteri and Wanita movements.

"The 22 of us, the MPs and the divisions want to state our unequivocal support for Idris," Rosol said.

"Ahmad is all alone. He stands alone as the menteri besar."

Rosol also alleged that there was a move to "buy over" some of the assemblymen in the form of timber concessions and cash to support Ahmad.

(source: NST: 22 reps, 5 MPs and 4 divisions back Idris)

Natang; Siapa?

Police are looking for two men from Kuala Besut involved in carrying a banner insulting the Yang di-Pertuan Agong two weeks ago.

They have been identified as Hassan Salleh, a lorry driver in his 20s from Kampung Gertak Seratus, and Rizal Awang, a contract worker in his 30s from Kampung Tok Sabah.

Police have pictures of the two holding up a banner at Seri Iman, the official residence of the menteri besar, protesting the appointment of Datuk Ahmad Said as the new Menteri Besar of Terengganu. It also included a rude remark believed to be directed at the Yang di-Pertuan Agong.

State police chief Datuk Ayub Yaakub said the two may be investigated under Section 11(2) of the Copyright Act 1984 for printing banners illegally.

(source: NST: 2 men sought over banner insult to king)

The banner insulted the Yang diPertuan Agong, our King, and the police investigation and charges will be under Section 11(2) of the Copyright Act 1984 for printing banners illegally. What an insult to the Malaysians as a whole as our King and his choice and discretion to appoint Ahmad Said is referred by such name.

Notable Quotes:

Attorney-General Tan Sri Abdul Gani Patail:

"Although the matter is under the jurisdiction of the Regency Advisory Council, of which any decision can be reached by the council itself, it is my opinion that the Yang di-Pertuan Agong should be advised so that he is clear on the facts and legalities of the issue."

Minister in the Prime Minister's Department, Datuk Zaid Ibrahim:

"It's important for everyone, including the monarch, to respect the law, and in this case the law is quite clear."

"The discretion of the monarch ... is not an absolute personal discretion. It has to be exercised in a way that the constitution expects."

(quotes with reference to the appointment of the Terengganu menteri besar Ahmad Said)

(source: A-G to seek audience with king)

Senior lawyer and Bar Council member Datuk Muhammad Shafee Abdullah:

"If a ruler persists in appointing a person from the winning party who does not command the confidence of the majority, the democratic process is put in jeopardy."

"This unpleasant state of affairs ought to be avoided in order to bring harmony between the various institutions." (with reference to the appointment of the Terengganu menteri besar Ahmad Said)

Retired Court of Appeal judge Datuk Shaik Daud Md Ismail:

"The ruler has to pick someone who commands the confidence of the majority of the assembly." (with reference to the appointment of the Terengganu menteri besar Ahmad Said)

Senior lawyer and Bar Council member, Roger Tan:

"In a democracy, the ruler cannot frustrate the will of the people."

"In the absence of an express constitutional provision, one always relies on conventions which have developed since independence, which is that the leader of the party with the majority number of seats is appointed ..."

(with reference to the appointment of the Terengganu menteri besar Ahmad Said)

(source: NST: Discretion 'not absolute')

Excerpts from the question-and-answer session with Prime Minister Datuk Seri Abdullah Ahmad Badawi at a 20-minute press conference after the Umno supreme council meeting.

Q: Is the appointment of Ahmad constitutional?

A: It was done in accordance with the Terengganu state constitution. We don't want to engage on the issue of its legality. It has been more than two weeks since we were declared the winner, so it is our intention to ensure that the people of Terengganu have a government to look after their interests and carry out projects planned for the progress of the state.

(source: NST: 'Appointment followed state constitution')

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