I SEE Karpal Singh is on familiar territory, performing a delicate balancing act on a tight wire without the aid of a long pole, by challenging the right of the Sultan of Perak to intervene in ordering the reinstatement of the Perak Islamic Department director, thereby reversing the transfer order of the Perak Menteri Besar.

I commend the Lion of Bukit Gelugor for doing his parliamentary duty and he has every right to his opinion. But, as with all things, his legal pronouncement is not infallible and should be tempered by language that does not jar Malay cultural sensibilities.

Even for Karpal, the pointed reference to the fact that we were no longer living in feudal times was a little over the top. Even in non-feudal societies, temperate, non-inflammatory language was valued and admired.

Sultans are the heads of the Islamic religion and custodians of Malay customs and traditions. This has been the case since time immemorial, a fact recognised by the British when they entered into treaty obligations with the Rulers of the Malay states.

The Sultan of Perak, by custom and practice, receives professional Islamic advice from the director of the Islamic Department and is not required to go through the menteri besar on matters affecting Islam within his state.

The menteri besar, contrary to Karpal’s implied conclusion, had no right to order the transfer of any state government employees.

They are not responsible to him but to the head of the civil service, namely the state secretary of Perak. It was the menteri besar, in this case, who had strayed outside of his powers, and not the sultan.

The menteri besar’s decision was clearly politically motivated; the director was alleged to have refused to cooperate with the new state government. He was not given an opportunity to defend himself and natural justice was sacrificed on the altar of blatant human rights abuse.

Politicians, whether federal or state, must try to understand the limits of their power and authority, and must not be tempted to interfere in areas where they are not the “competent authority”.

Civil servants must guard jealously the power and authority vested in them by law, and these powers are not negotiable and are to be used solely to serve the public interest. And no politician has a right to order you to do anything illegal or unethical.

Source: NST – May 9, 2008