Transfer of police officers: Home Minister may have violated Police Act, says Patriot

Astro Awani
April 11, 2021 14:57 MYT
Mohamed Arshad said Hamzah may have contravened the Police Act by countermanding the Inspector-General of Police (IGP)'s order for the transfer of the police officers. -- BERNAMA filepic
KUALA LUMPUR: Persatuan Patriot Kebangsaan (Patriot) has joined the bandwagon in delivering a scathing rebuke against Home Minister Hamzah Zainudin for his alleged meddling in the transfer of senior police officers.
Patriot president Brigadier-General (Rtd) Datuk Mohamed Arshad Raji, in stating that he found news reports on the matter as very disturbing, said Hamzah may have contravened the Police Act by countermanding the Inspector-General of Police (IGP)'s order for the transfer of the officers.
"If the allegation is true, then the Home Minister has interfered and countermanded the orders of the IGP and has stepped beyond the bounds of his authority,” he said in a statement on Sunday.
"Stopping the transfer of officers for disciplinary reasons that was already decided by the IGP is an act of bad faith and contravening the Police Act.
"Any attempt to derail what the IGP is trying to do to clean the image of the force is seen as a sabotage and against the will of the people," he added.
Mohamed Arshad stressed that the IGP has the prerogative to command and control the police force and all officers under him, which includes disciplining and transferring officers.
Section 4(1) of the Police Act 1967, he said, empowers the IGP in the control and direction of the force and all other persons appointed or engaged for police duties, and who shall have all the powers conferred on a Commissioner or a Chief Police Officer.
"The Police Act is very clear with regards to the IGP’s authority in the disciplinary control he may exercise. Transferring officers on disciplinary grounds is within his jurisdiction," he said.
Arshad explained that the Police Force Commission, which is chaired by the Home Minister, has jurisdiction over disciplinary and transfer matters only if there is no other law that covers this matter.
"The Police Act gives that power to the IGP.
“As such, Patriot feels no politician, including the Home Minister, should interfere in the IGP’s authority to discipline and transfer his men," he added.
According to media reports, a message went viral on Facebook on Friday alleging there was interference in a police transfer exercise.
The message claimed that transfers of officers ordered by the IGP had been postponed under the order of the Home Minister.
Following that, Hamid in confirming the allegation, reportedly said he would be meeting Hamzah soon to proceed with the plan and to explain his action in issuing the transfer orders.
Commenting further, Arshad said Abdul Hamid has been trying hard to clean the image of the police force.
Thus, he called on all politicians including the Home Minister to support the IGP's effort.
Earlier, Pasir Gudang Member of Parliament Hassan Karim urged Hamzah to withdraw his directive that the IGP postpone the decision to transfer the senior police officers.
He asserted Hamzah should not meddle in the matter as Abdul Hamid must be given space and freedom and not interfere in his jurisdiction.
He said that the transfers were within the jurisdiction of the IGP appointed by the Yang di-Pertuan Agong and Hamzah had no power under the law to delay, let alone thwart the decision taken by Abdul Hamid.
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