Monday, May 05, 2008

CAN THE RULER INTERFERE IN THE PERAK STATE GOVERNMENT ADMINISTRATION WITH REGARDS TO THE TRANSFER OF THE ISLAMIC AFFAIRS DEPARTMENT DIRECTOR?


We publish this letter from the Sultan (by courtesy of Nobody) to explain the Sultan's stand on this issue.

PRESS STATEMENT ISSUED BY THE PRIVATE SECRETARY TO HIS ROYAL HIGHNESS THE SULTAN OF PERAK WITH THE CONSENT OF HIS ROYAL HIGHNESS RAJA MUDA PERAK DARUL RIDZUAN IN CONNECTION WITH THE DIRECTIVE OF THE IMMEDIATE TRANSFER FOR THE DIRECTOR OF THE ISLAMIC AFFAIRS DEPARTMENT OF PERAK DARUL RIDZUAN.

Following the command of His Royal Highness (HRH) Paduka Seri Sultan Perak Darul Ridzuan, HRH Raja Muda Perak Darul Ridzuan, Raja Nazrin Shah, in his capacity as the President of the Perak Council of Islamic Religion and Malay Customs (Majlis Agama Islam & Adat Melayu Perak - MAIAMP) has directed The Honorable Menteri Besar Perak Darul Ridzuan, Dato' Seri Ir. Mohammad Nizar bin Jamaluddin, be present at Istana Raja Muda Perak Darul Ridzuan at 11.00 a.m. today to have an audience with the Raja Muda and to brief the Raja Muda on the directive by the Menteri Besar of Perak that Yang Berbahagia Dato' Haji Jamry Sury be removed with immediate effect as the Director of the Perak Islamic Religious Affairs Department.

2. Yang Amat Berhormat Dato' Seri Ir. Mohammad Nizar was informed that Yang Berbahagia Dato' Haji Jamry Sury, as the Director of the Perak Islamic Religious Affairs Department also functions as the Secretary to the Perak Council of Islamic Religion and Malay Customs (MAIAMP).

That the appointment of Yang Berbahagia Dato' Haji Jamry Sury was made only after assent was granted by HRH Paduka Seri Sultan Perak Darul Ridzuan. That the affairs of the Islamic religion as well as institutions and agencies responsible for the Islamic religion are under the direct jurisdiction of HRH Paduka Seri Sultan Perak.

In view of that and in accordance with the view of HRH Paduka Seri Sultan Perak, Yang Amat Berhormat Menteri Besar has a responsibility to seek an audience with the Sultan, to inform the Sultan and HRH the Raja Muda and seek consent before proceeding with any action associated with Islamic affairs, institutions and agencies having responsibilities with Islam (in Perak), and this includes the business of appointments, placements and transfers of officers and staff who deal in Islamic affairs, even more so for key and important positions.

3.The working relations to which respect for HRH Paduka Seri Sultan is a convention and work culture that have always been adhered to by each Menteri Besar with the Palace all these while.

HRH Raja Muda reminded that the relations to ensure such understanding must be respected at all times. All actions undertaken without having prior consent of HRH the Sultan and HRH the Raja Muda are deemed as ignoring or undermining the positions of HRH Paduka Seri Sultan as the head of Islam (in the state) and HRH Raja Muda Perak who is the President of MAIAMP.

4. HRH Raja Muda Perak also conveyed the advice and views of Paduka Seri Sultan Perak that any head of government while carrying a certain action or duty would have to observe justice in adherence to the procedures and rules of administration based on existing laws. The Sultan is of the view that the stability of any administration and government should be based on the principles which upheld the rule of law and procedures. HRH the Sultan emphasises great importance to harmonious and good working relations among the administrators and political leaders in Perak for the interest and well-being of the rakyat.

5. It has been the principle of HRH Paduka Seri Sultan Perak that His government practises and oversees practices which are just and the process of justice should be adhered to so that no one among the Sultan's subjects should feel that they had become victims of slander or pressure from certain quarters who hold higher office. Before a decision or sentence is made, the process and procedure where there is justice should be fully adhered to. The principle of natural justice needs to be respected, as such whichever side, which had been accused (of something), should be given their rights to clarify and defend themselves so that a fair and just consideration can be made.

6. In the foregoing spirit, HRH Raja Muda Perak has conveyed the view and stand of HRH Paduka Seri Sultan Perak that the directive to transfer Yang Berbahagia Dato' Jamry Sury with immediate effect be revoked. If there had been a transgression of laws and or wrongdoing by Yang Berbahagia Dato' Jamry Sury on the state government's administration, then the state government is requested to present the case on an official basis to HRH Paduka Seri Sultan for HRH to initiate the process of law (on the matter) before a final decision is made.

Y.D.H. Toh Raja Diraja Kol Dato' Abd. Rahim Mohamad Nor
Private Secretary to HRH Paduka Seri Sultan Perak Darul Ridzuan.Office of HRH Paduka Seri Sultan Perak
Dated : May 2, 2008

In the meanwhile, DAP National Chairman and MP for Bukit Gelugor, Karpal Singh had voiced his concern with regards to Rulers interferring with the day to day administration of the State governments and had claimed it to be 'unconstitutional'. Karpal Singh cited an 1982 Federal Court landmark ruling to justify his claim and argued that it was up to the Perak State government to decide when and where it wanted to transfer a civil servant under its governance and that the Perak State government was right in its decision to transfer Jamry and that the Ruler of Perak did not have any say in this decision and further argued that the palace cannot order the state government to reinstate Jamry since it had been reported that Jamry was un-cooperative toward this Pakatan Rakyat State government instructions.

Karpal Singh quoted that following the constitutional amendments made in 1993, the King and the State Rulers are subjected to law, just like any other citizens with the exemption that only the Special Court had jurisdiction over them.

As far as we see it, its best for the Palace and Menteri Besar to sit down an iron out their differences and come up with a amicable settlement which will be deem sensible and fair.

photo courtesy of Agendadaily