KUALA LUMPUR: The Malaysian Bar wants all parties to uphold the principles of natural justice in resolving the constitutional crisis in Negri Sembilan.
Its president, Anand Raj, said this included any moves allegedly aimed at removing the Yang di-Pertuan Besar of Negri Sembilan, Tuanku Muhriz Tuanku Munawir.
He said any attempt to compel Tuanku Muhriz to stop performing his duties or abdicate must comply with Article X(1) of the Laws of the Constitution of Negri Sembilan 1959.
The provision states that such action can only be considered and decided upon after a thorough investigation by the lawful Undangs.
"The proclamation dated April 19, which was allegedly aimed at removing Tuanku Muhriz, was rejected by the Attorney-General's Chambers (A-GC) because it was invalid.
"There is no published record to prove that such an investigation was ever conducted, or that Tuanku Muhriz was allowed to respond to the allegations against him," he said in a statement today.
Anand said the principles of natural justice required anyone facing allegations to be informed of the case against them and given an opportunity to correct or rebut the claims before an adverse decision was made.
He said if ordinary citizens were entitled to protection against unlawful removal from office without a fair hearing, the Yang di-Pertuan Besar was entitled to the same protection.
"Any action that fails to comply with Article X(1) of the State Constitution is invalid.
"If the court is asked to rule on the issue, it may set aside any decision made in breach of these principles," he said.
Anand also raised several questions about developments in the crisis, including Menteri Besar Datuk Ismail Lasim's announcement on Sept 16 that Tuanku Muhriz had been removed based on the disputed proclamation.
He said the announcement raised questions because the previous Menteri Besar had reportedly said that the proclamation was invalid. The former office-holder had also disclosed that he signed the document under pressure and duress.
"The public has a right to know who allegedly exerted this pressure, how it occurred, why a police report was made, and why he subsequently supported the proclamation.
"The basis for the state executive council's action at the time in allegedly suspending the State Secretary and the State Legal Adviser on Sept 22 also raises questions," he said.
He said both officers were federal officers, while the appointments of the state executive council members involved had reportedly been revoked on Sept 20.
"The AGC has explained that both officers serve in the federal service and are not subject to the jurisdiction of the state exco.
"Following the revocation of the appointments of all state exco members by Tuanku Muhriz, the basis allowing the state government to continue operating also requires clarification," he said.
Anand added that the Malaysian Bar took note of the Conference of Rulers' statement on Oct 14, which called for differences in stance to be resolved in accordance with custom and law, guided by the provisions of the State Constitution.
He said the Malaysian Bar respected that position and reiterated that Article X(1) of the State Constitution was among the provisions that must be strictly followed.
On Sept 17, Ismail was reported to have confirmed the proclamation of Tuanku Muhriz's abdication as the Yang di-Pertuan Besar of Negri Sembilan, following a unanimous decision by the state executive council two days earlier.
Following this, the Negri Sembilan State Secretary was asked to gazette the proclamation in accordance with existing regulations.
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