KUALA LUMPUR: The Bar Council today reiterated its position that the termination of Tan Sri Abdul Gani as Attorney General was unconstitutional.
President Steven Thiru says this is because the government said Abdul Gani will continue to be the judicial and legal officers until he retired and this was the demotion of a security right to be heard.
Steven said Abdul Gani right to be heard should be based on health reasons as the reason given by the government on the date of his services were terminated and Abdul Gani has the right to appear before the medical board.
"We think what has happened is that he had been demoted because of a statement issued by the government, said that he would continue to serve as judicial officers and law until his retirement.
"The right to be heard here should be based on the reasons given by the government. The reason given by the government was for health reasons. If a civil servant should be terminated for reasons of health, there is a procedure.
"Civil servants have the right to appear before the medical board and then they make a decision.
"This was not observed and complied with it because it does not cause these things to be unconstitutional," he told reporters at a press conference here today.
On Wednesday, Attorney General (AG), the newly-appointed Tan Sri Mohamed Apandi Ali Abdul Gani said the termination was conducted according to the Constitution, which does not require a tribunal to determine its services.
Mohamed Apandi said an article in the constitution that requires the tribunal for the termination of the AG was replaced by a new clause under the Act (Amendment) Bill and the Constitution came into force on 16 September 1963.
