The Call for Enquiry

These past few days the barrage of calls for the Commission of Enquiry to be set up following the death of an aide to a Selangor State Exco member seemed to be gaining momentum.

I would like to reflect upon it's propriety, and in order to do this, a rational thinking process must be adopted. Let's look at the Act which provides for it's establishment, which inter alia says-

Issue of Commissions 2(1) The Yang di-Pertuan Agong may, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorizing the Commissioners to enquire into- (a) the conduct of any federal officer; (b) the conduct or management of any department of the public service of Malaysia; (c) the conduct or management of any public institution which is not solely maintained by State funds; or (d) any other matter in which an enquiry would, in the opinion of the Yang di-Pertuan Agong, be for the public welfare, not being- (i) a matter not involving any question relating to the Islamic religion or the Malay custom; or (ii) in relation to Sabah or Sarawak, a matter specified in item 10 of the State list: Provided that where any federal officer whose conduct it is proposed to enquire, was, at the time of committing such conduct, serving in a department of the public service of a State, such Commission shall only be issued with the concurrence of the State Authority.( Commission of Enquiry Act, 1950 )

Hence since the death of the individual concerned is being investigated by the Police and it's only 60% completed, the talk of forming a Commission of Enquiry is to all intents and purpose is superfluous. The due process of the law must be allowed to take it's course and the Government must not be pressurised into something which is unlawful.

What is of vital importance is that suspicion can never be a good substitute for substantive evidence, no matter how circumstantial the case may be. If the authorities are not free to conduct an investigation without inteference, then the confidence of the people in the impartiality of the departments in question will suffer and the government's credibilty will be eroded. We must maintain a clear head and not allow our judgement to be overtaken by emotions and sentiments. The rule of law means just that, let the due process be completed and only then the next step should follow. The people must have confidence in the apparatus of the Government or else there will be anarchy.