by S BIRRUNTHA / Pic by MUHD AMIN NAHARUL
FORMER Prime Minister Tun Dr Mahathir Mohamad calls the Attorney General (AG) to explain if there are individuals who are above the rule of law and whether they are immune to it.
In his latest blog posting today, Dr Mahathir explicitly said that the Malaysian constitution or Malaysian law provides no provision for anyone being above the law, “but it is apparent that those in a position of authority behave as if there are such persons.”
“We need to have this perception clarified. We have to know who these individuals are and what law they are said to be above. In the first place, are there individuals who are above the law? If there are, what is the limit of their privilege? Is it total, meaning they are free to commit even murders or robberies? Or is it limited? If limited, what is the limit?” Dr Mahathir said.
“We need to be clear about these things. The AG needs to explain the content of this law, which is not written but is apparently subscribed to by those in a position of authority,” he added.
He said certain actions taken by persons in a position of authority indicate that they subscribe to the idea that there are individuals who are above the law and that if they carry out instructions by said individuals, it is not illegal.
“It is said that there are individuals who are above the law. Okay. Let us assume that there are such individuals. But these individuals cannot do things on their own. They need others to take the necessary action.
“These individuals are not privileged to be above the law. If they have carried out instructions that are against the law, they should be charged. It does not matter if they are government officials. There is no law that says that government officials can do things that are against the law. They cannot,” he added.
The Parti Pejuang Tanah Air chairman further added that if a person has been instructed by an individual who is said to be above the law and the instruction is to commit a crime, such as stealing or murdering someone, they should refuse to do it.
He explained that if the person does it, then they will be committing a crime and they should be charged with committing the crime, tried in a court of law and sentenced.
“But I believe that there are officials who have carried out orders by a person who is said to be above the law, but the officials have not been charged for committing a crime.
“This is wrong. If these individuals are treated as if they too are above the law, then no one is safe from offending a person who is said to be above the law,” he said.