Gabungan Bertindak Malaysia calls upon Inspector General of Police Khalid Abu Bakar to resign over his deliberate refusal to comply with two High Court orders in two child custody cases, which is akin to mutiny.
If Khalid refuses to resign, then the necessary procedure of the Police Forces Commission must be triggered to result in his dismissal.
GBM also censures Prime Minister Najib Razak for affirming the IGP’s renegade misconduct by suggesting the interfaith custody cases should be referred to the Federal Court. PM Najib’s suggestion is tantamount to a declaration that the High Courts have no power to have the police respect their orders.
GBM warns that PM Najib’s statement is not only contemptuous of the High Courts and all courts other than the Federal Court, but also undermines democracy and civilian rule by encouraging disobedience in the security forces.
GBM stresses that in democracies, unelected institutions in control of means of state violence, namely the military and police, must be absolutely subject to civilian government including the judicial branch. This is categorically different from and more serious than contempt of court committed by ordinary citizens.
GBM underlines that there is no room for military or police disobedience on whatsoever ground. Any military or police personnel who disagrees with the civilian command should resign and quit the forces; they have no freedom to act on their own discretion.
GBM holds that Malaysians may have different opinions but the principle of the rule of law must be upheld and protected. Malaysia will sink into chaos if every police officer makes his or her own call to decide whether to execute any order from the Judiciary or Executive.
GBM stresses that, even if IGP Khalid Abu Bakar now executes the High Court’s orders after the Ipoh High Court’s latest order for the police’s execution of its order within 30 days, his earlier disobedience, which constituted grave misconduct, makes him completely unfit for the job.
GBM considers the IGP’s proposal to have the involved children placed in a welfare home as a way out for his disobedience of the court orders is adding insult to the injury. This is akin to a military general advising the Defence Minister of the next military move after defying the latter’s order.
GBM holds that the Home Minister and the Prime Minister have both failed their job by not taking action against the IGP immediately when he committed disobedience. They must initiate the necessary proceedings of the Police Force Commission for IGP Khalid Abu Bakar to be removed if he refuses to resign.
Gabungan Bertindak Malaysia
14 June 2014
1. Anak Muda Sarawak (AMS)
2. All Women’s Action Society (Awam)
3. Islamic Renaissance Front (IRF)
4. Japan Graduates Association, Malayia (Jagam)
5. Kuala Lumpur & Selangor Chinese Assembly Hall (KLSCAH)
6. Lim Lian Geok Cultural Development Centre (LLG)
7. National Indian Rights Action Team (Niat)
8. Negeri Sembilan Chinese Assembly Hall (NSCAH)
9. Persatuan Masyarakat Selangor dan Wilayah Persekutuan (Permas)
10. Pusat Komunikasi Masyarakat (Komas)
11. Suara Rakyat Malaysia (Suaram)
12. Tamil Foundation (TF)
13. United Chinese School Alumni Association of Malaysia (UCSAAM)