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Tuesday 28 July 2015

'Explain dismissal Gani, follow the Constitution or not'

Abdul Gani said in a statement to the Malay Mail Online quoted knew nothing about the announcement of the appointment made by the Chief Secretary to the Government Tan Sri Ali Hamsa. - File Photo

KUALA LUMPUR: The government should explain the sacking of Tan Sri Abdul Gani from the office of Attorney General - whether lawful under the Constitution - because it has a big impact as affecting the independence of the judiciary, said the Puchong MP Gobind Singh Deo.

"This is a serious matter," he said in a media statement.

According to Gobind, Article 145 (6) of the Constitution expressly provides for an Attorney General shall not be removed from office except "on the ground and in the same manner as a judge of the Federal Court."

Dismissal of a judge of the Federal Court also explained by Article 125 (3) of the Constitution, namely through a tribunal whose members are appointed by the Yang di-Pertuan Agong.

The establishment of the tribunal was on the recommendation of the Prime Minister to the King. The removal can be done on the grounds of a judge is no longer able to carry out the functions of his office "by reason of infirmity of body or mind or any other cause."

According to Gobind, from the provisions of a tribunal is required to determine whether the Attorney General should be fired and his services can not be stopped just like that.

"The position is even more odd now when Tan Sri Gani reportedly said he did not know about his dismissal," the lawyer said.

Abdul Gani said in a statement to the Malay Mail Online quoted knew nothing about the announcement of the appointment made by the Chief Secretary to the Government Tan Sri Ali Hamsa.

Gobind said Abdul Gani unlawful dismissal in terms of the constitution, it must be corrected. Otherwise, he said, it could affect the criminal justice system. - File Photo

Gobind firmly, as people who have full power to initiate criminal prosecution in court, the Attorney General must be the protection of the position of his office to enable him to carry out their duties without fear or favor.

"In this case, Tan Sri Gani is also a member of the Special Task Force, which investigates matters relating 1MDB and the Prime Minister. So how he can get fired just like that?" Gobind asked.

Clearly Chairman of the Legal Bureau of DAP, if the dismissal Abdul Gani invalid in terms of the constitution, it must be corrected. Otherwise, he said, it could affect the criminal justice system.

In the same vein, Principal Sena MP Mahfuz Omar also urged the Prime Minister to answer this question right away as Abdul Gani known to be retired at the beginning of October.

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