Yes, say lawyers, no politician should head police body
They agree with G25 that the relevant provision in the Federal Constitution that designates the home minister as chairman of the Police Force Commission should be amended.
PETALING JAYA: Several lawyers have backed a call for the removal of a constitutional provision designating the home minister as chairman of the Police Force Commission (PFC).
Former Malaysian Bar president Salim Bashir said the call from the G25 group of former top civil servants, if followed through, could ensure the police force’s political impartiality as well as the efficiency of its administration and enforcement.
G25 recently proposed that Clause (3)(a) of Article 140 of the Federal Constitution be amended so that there would no longer be a requirement for the PFC to be chaired by the home minister.
The group, reacting to former inspector-general of police Abdul Hamid Bador’s allegation that home minister Hamzah Zainudin had interfered in police matters, said no politician or politically-connected person should be the PFC chairman.
Salim agreed, saying appointments, promotions and transfers of members of the police force had to be devoid of any form of political influence.
He said a non-political and independent person should chair the PFC and he or she could be a retired judge, a retired senior civil servant or any other person of eminence.
“This could be seen as preserving the independence of the police force,” he said.
Another lawyer, former MP Dominic Puthucheary, said the drafters of the Federal Constitution expected politicians to adhere to standards of behaviour that would make them respect unspoken rules such as not to interfere with the civil service or to use it for political purposes.
“But the constitution didn’t take into account the possibility of politics becoming corrupted, which it has,” he said.
Puthucheary said the person chairing the commission must have been in public life and know the meaning and implications of the rule of law.
“There must not be any vested interest whatsoever. The only interest should be in upholding the Federal Constitution and the rule of law.”
Lawyer Rajesh Nagarajan said the proposed constitutional amendment was “of great importance”.
He said the home minister, as a member of the executive arm of the government, should play no role in the PFC as this would open it to abuse and could affect the independent process of appointing key police personnel.
“The political appointment of key police personnel casts doubt on the credibility of the appointment process and will raise questions on the independence of the police force and its ability to serve independently and impartially.”
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He added that recent revelations of corruption and misuse of power in the police force had made it “abundantly clear” that the commission needed to be independent in order to revamp the force and rebuild trust in it.