The Rukunegara establishes the Rule of Law as one of the five principles for Malaysia. Recently, though, I have had reason to seriously doubt whether the Executive – especially the cabinet -understands, appreciates and practises the concept of rule of law.

While the party elected to power by the majority rules for five years, there are surely certain events and truths in our history that define some written and unwritten rules ( yang tersurat dan tersirat ) in the original spirit of the Alliance.

To deny them is to cheat and to lie because they transcend all of us who are living.

My father, Datuk K John Kuruvilla, is a founder member of the MIC in Kedah and was part and parcel of the independence struggle. He was an elected member of the Sungai Petani Town Council in 1955. He stood on a MIC ticket and defeated the Umno candidate.

He read the Independence Day speech on behalf of the Sultan of Kedah at the Ibrahim Secondary School on that eventful day. He celebrated his 87th birthday last week – a life that reminds me of the original terms and basis of the social and legal contracts made.

I say \’legal\’ to define and include the relationships of Sabah and Sarawak post-1963 to Malaysia. Premised on this original and social contract, the leaders and elders defined the Rukunegara as the principles that define our relationship with one another in the nation we call home.

In any home premised on love, there can be no second- and third-class citizens if we really understand the love of the Almighty. All are members of the home and the father (as head) is responsible for everyone\’s care. That is the way of life in all of the Orient (east of Istanbul).

Cases in point

Back to some case history of definite and willful denial of this history and truths about our past and the consequent ignorance of the Rule of Law in Malaysia. I will state three recent cases.

First and most obvious was that of the Inspector-General of Police (IGP) and his conscious disregard of the Rule of Law. That a senior public servant can be wrong is not the issue, but the worrying thing is that the prime minister verbally endorsed his \’decision\’. My contention is that the IGP was wrong in dishonouring rule of law and that the prime minister (presumably as internal security minister) and the cabinet are not above the Rule of Law either.

\"\"

Federal Court Chief Justice Ahmad Fairuz Sheikh Abdul Halim stated very clearly recently that \”no one person is above the law\”. That edict by the IGP denies the fundamental rights of non-Muslims under Article 11 of the constitution.

Second, the cabinet minister responsible for promoting culture and arts tried to do so by \”blatantly and consciously dishonouring the dress-code for Parliament\”. Can I also do so as a citizen, your honour, the Speaker of the Dewan Rakyat? My dear IGP and chief law enforcer – who cannot even discipline his own men – can I also break the laws of this country in the name of discipline or creativity as the culture and arts minister is suggesting?

Sorry folks, but I was trained in the older Royal Military College and we were taught to abide by the rules. In fact, I was even reputed to be a stickler for rules which I too often enforced using only power and authority. Today though, I try to do it in the name of discipline; the same argument used by the IGP. The difference is that I only do it in my private space of the home for my children and not for the entire public services. All Syariah interpretation should thus be confined likewise to private and personal family matters, not public space morality.

The third and equally disturbing case is the public policy pendulum swinging over the Independent Police Complaints and Misconduct Commission. Let us remember that the Royal Police Commission was appointed by the King, another institution protected by the Rukunegara. Moreover, this Royal Commission was one of the most important agendas of the new prime minister whom the people supported with a 90 percent majority vote.

\"\"

How then can a minister carelessly say that \”the cabinet has decided to reject that recommendation\” and how can we allow the IGP to unilaterally reject the recommendation that is intended to be tabled in Parliament?

Then the premier contradicts the minister publicly but does not correct him or take him to task for misleading the nation. Instead the prime minister insists that the matter is still under consideration and with the Attorney-General, when presumably the minister is in charge of the law and Parliament. Either the minister is lying or the prime minister is lying. Surely our press is neither that silly, deaf nor ignorant to have so clearly and simply misquoted the minister.

Whither the Rule of Law in Malaysia? More importantly whose law and whose rule is it? My concern is that it may be lies more than truth, in the now infamous style of wayang kulit (shadow play) in politics. Maybe the minister is playing the dalang (puppeteer). Still, that is not the reason this cultural show has been banned in Kelantan.

Liars and bullies

My question then, as a former public servant is, why blame civil servants for delays in implementing the 8th Malaysia Plan when much of the gerrymandering was due to the political system, as the Metramac case clearly highlights?

My free advice to the prime minister is to get rid of the excess baggage in the cabinet and travel light in steering the ship through the troubled waters of grave and unencumbered indiscipline. He needs a new and clean team that not only speaks his language but also understands and appreciates why he puts heart and soul into the 9th Plan. Now, power and might are being applied.

Having started my public service in the ICDAU, let me quote our Father of Development Abdul Razak Hussein: \”Put your finger where the pulse is not beating, not where it is beating!\”

Prime Minister, please work hard to kill the wayang kulit culture or it will destroy you. Your reason can be that it promotes and propagates the culture of lying, unlike the \”Hindu mythology\” reason cited by the PAS spiritual leader.

\"\"

Finally, please protect innocent and honest MPs from gangsters who use strong arm tactics to create fear. The Kelana Jaya MP spoke up for truth in Parliament, in response to your call to reestablish the august character of Parliament.

Tell the gangsters to back off as we are trying to nurture a culture of dialogue and discourse, not the throwing of chairs and tables as has happened in the past.

Your integrity agenda requires all of us to say what we mean and to mean what we say. The Kelana Jaya MP did just that and the gangsters are after him.

Whither rule of within Barisan Nasional and whither the spirit of dialogue and discourse in spirit of alliance?