Doctrine of separation of powers – Kula’s emergency motion on police killing of five Indians should have been allowed

DAP MP for Ipoh Barat M Kulasegaran was unsuccessful in his attempt this morning to move Parliament for an emergency debate on the police killing of five Indians in a shoot-out in Klang on November 8 for being suspected gang members.

Deputy Speaker Datuk Wan Junaidi Tuanku Jaffar conceded that Kula’s motion met two of the three criteria of being definite and of public importance, but it was not “urgent” as police investigations were “ongoing”.

I stood up to support the protests by Kula and DAP MP for Teluk Intan, M. Manogaran for rejecting a debate on the motion and argued that “investigations under way” should not be used as an excuse to disallow a parliamentary debate as this will be against the doctrine of separation of powers.

“Ongoing police investigations” is an executive action, but under the doctrine of the separation of powers, it is the executive that must be answerable to Parliament and not Parliament having to kow-tow to the Executive.

The Malaysian public are concerned about police killing of people in police shoot-outs and this is a matter which should be debated in Parliament with the executive giving a full and satisfactory accounting as at stake are public confidence in the police as well as in Parliament.

The following is a parliamentary report from Malaysian Insider:

Parliament rejects motion on Klang shoot-out

UPDATED

By Asrul Hadi Abdullah Sani

KUALA LUMPUR, Nov 18 — Dewan Rakyat Deputy Speaker Datuk Wan Junaidi Tuanku Jaafar today rejected an emergency motion on the Klang shoot-out where five Indian men were killed as the matter was still under police investigation.

Ipoh Barat DAP MP M. Kulasegaran had moved a motion for the government to conduct a public inquiry on the five shot dead by the police on Nov 8 for being suspected gang members.

The shoot-out caused an outcry in the Indian community as opposition leaders and NGOs accused the police of being trigger happy. A sister of one of the dead men tried to commit suicide which the family said was linked to the shoot-out.

Kulasegaran argued that the police should have captured the suspects and brought them to court instead of shooting them.

“The police action has caused public peace to be in jeopardy. The incident that happened on Nov 8 has clearly shown that the police have abused their powers without considering public interest and peace,” he said.

He said the police should tell the truth.

“The police should not deny the allegations made against them,” Kulasegaran added.

Wan Junaidi explained that the motion was not allowed because the subject matter was not urgent although he did admit that it was a specific matter and was of public interest.

Ipoh Timur MP Lim Kit Siang objected and argued that the subject matter was urgent because it was of public interest.

“We cannot use that it was still under investigation as an excuse. This is an urgent debate because it involves the interest of many. It also involves the belief of the public in the institution of Parliament.

“The case is still investigated by police so there must be a separation of power between the legislative and the executive. This goes against the doctrine of separation of powers,” he said.

Last Thursday, R. Seetha poured weedkiller for herself and her four children in Klang and told them to “drink it so you can see uncle” after she was overcome with grief for her younger brother who was among those shot dead by police.

R. Surendren, 24, was among the five “high on the police wanted list” gunned down by the police.