To my mind, the most uncivilised provision in the Federal Constitution in respect of our criminal justice system is without a doubt Article 145, which gives the Attorney-General his prosecutorial powers.
Both provisions need to be amended at the earliest opportunity to give the judiciary the power of judicial review. Neither has it acted according to our constitutional framework which requires the courts not to be subservient to the laws of Parliament but to protect the public interest and not allow any arbitrary exercise of power against any individual.
No literal interpretation of a constitutional provision is permissible if it compromises the rule of law and undermines the oath of office of judges as well as that of the rulers who are supposed to arrest any form of arbitrary decision of the executive or its agencies. That abuse continued in many cases, including those brought against Anwar Ibrahim and the late Karpal Singh, which I addressed in a 64-page affidavit in an action brought by Karpal’s daughter, Sangeet Kaur.