HADI VIOLATE THE CONSTITUTION LAW FIRM SAYS ....PAS

By Admin

BY: RAMASAY KARUNAKARAN

KELANTAN:- PAS president Datuk Seri Abdul Hadi Awang, PAS was found in violation of the Constitution when making their own decisions to choose the chief minister of Selangor beyond the power of the House Daily PAS Central Working Committee.

Lajnah Secretary of Law and Human Rights (Luham) PAS, Abang Ahmad Abang Kardee Masagus said, there was no provision in the constitution that the president alone, but included in Clause 26 of the Constitution of PAS under "Member Functions Working Committee (Committee) PAS ".

Kardee said the president does not have the final without meeting with PAS central committee members in advance about what I do.

He said Clause 27 (6) of the Constitution clearly states the House Daily PAS which includes the President, Vice President, Vice-President, Secretary General and others, have brought their results to the PAS Central Working Committee for approval.

"Therefore, it is strange when the president suddenly can act alone or beyond the powers of the House Daily PAS Central Working Committee delegated to him.

"Moreover, the decision on nominating the chief minister among PAS assemblymen were also made without informing him in advance to the other members of the House Times.

"Luham argue that any interpretation that allows the president to act to the extent specified is inconsistent with the spirit and intent of the Constitution PAS material," he said in a statement today.

He said the concept of the Constitution the President of PAS, namely power and limited role of the Constitution, then any interpretation out of the concept or doctrine is foreign and can not be defended.

Commenting on the statement Ulema Shura Council (MSU), which supports the action Hadi on 7 September, Kardee said the meeting also decided yesterday Luham MSU acted beyond its powers when it makes a decision on the issue involving the appointment of Selangor.

He said MSU's statement means the president has the power to make such decisions outside the PAS Central Committee meeting, thus making the role of the PAS Central Working Committee is no longer relevant.

"MSU wrong to state that the power of the president under Article 26 (1) (a) of the Constitution PAS is a power that implicitly casting an absolute power or" veto "," he said.

He said MSU is not entitled to explain, clarify and interpret any provision of the Constitution on the issue of PAS chief minister, but there is no need to MSU involved in matters that do not fall within the jurisdiction of these bodies, as outlined in the Constitution of PAS.

Obviously, power is the power of the reference MSU (referral) and non-power "of first instance" or the existing power (INHERENT).

"In the absence of misunderstandings and opinions about the interpretation of the Constitution on the issue of appointment of PAS Selangor MB and the absence of a reference made by the PAS central committee member of the MSU MSU PAS interpret the Constitution, then action MSU interfere issue of appointment of the Selangor MB is a" non-starter, "he said .

The issue of the appointment of Selangor involving issues compilation, organization and implementation of a clear political strategy under the jurisdiction of the PAS central committee member, as provided under Clause 26 (9) (a) of the Constitution of PAS.

"Therefore, if MSU wants to add the power of the president is not specified in writing in the constitution, then a constitutional amendment should be made in the Synod," he said.

Kardee also questioned tahaluf Siyasi PAS and DAP and PKR when sending the name of the PAS, while PAS Hadi before this state will not seek the office because it belongs to PKR.

"Luham believe this is based on the resolution of the Synod decided that PAS bertahaluf with Pact. As such, when the name of PAS assemblyman also nominated as chief minister of Selangor, does it violate the agreement PAS in Pakatan itself?

"Would not this lead to a breach of the collision Synod decision itself? Therefore, Luham opinion there is no misunderstanding in regard to this Synod decision to interpretation by MSU," he said.