Apandi: Gani’s termination in line with Constitution

(Bernama) – Newly-appointed Attorney-General Mohamed Apandi Ali said today the termination of service of Abdul Gani Patail was carried out in accordance with the Federal Constitution.

In a statement, Mohamed Apandi explained that Article 145(6) of the Federal Constitution does not apply as it is a saving provision which only applied to the attorney-general from 1959 to 1963, which was Cecil M Sheridan.

“In the interest of the administration of justice, it is important that the public is not misled into thinking otherwise, said Mohamed Apandi.

He said the current Article 145 of the Federal Constitution was substituted under the Constitution (Amendment) Act 1960 and came into operation on September 16, 1963.

“Under the existing Clause (5) of Article 145, the Attorney-General holds office at the pleasure of the Yang di-Pertuan Agong. Hence, the mode of removal referred to in Clause (6) of Article 145 of the Federal Constitution is not applicable to an attorney-general appointed after September 16, 1963,” he said.

Mohamed Apandi said Article 132 Clause (4) (b) of the Federal Constitution expressly provides that Part X of the constitution that includes Article 135 does not apply to the office of the Attorney-General.

“Hence, there is no issue of non-compliance with the constitutional safeguards on dismissal and reduction in rank contained in Article 135 of the Federal Constitution,” he said.

“In any case, Abdul Gani Patail has never been dismissed from nor reduced in rank in the Judicial and Legal Service,” he said.

Yesterday, Chief Secretary to the Government Ali Hamsa, in a statement, said the service of Abdul Gani as the Attorney-General was terminated effective July 27 due to health reasons.