The Malaysian Bar has suggested that Plantation Industries and Commodities Minister Khairuddin Aman Razali who violated the quarantine order be charged under the Penal Code for negligence after authorities said they would not take further action.
Bukit Aman CID chief Huzir Mohamed said the no further action decision was made as the minister had not been issued the form to undergo quarantine upon returning to the country.
This was later affirmed by the Attorney-General’s Chambers (AGC) who said it was up to the health ministry officer’s discretion to issue a home surveillance order.
The Malaysian Bar has urged the AGC to reconsider the “no further action” (NFA) decision against Khairuddin.
Its president Salim Bashir said Article 8(1) of the Federal Constitution states that “all persons are equal before the law and entitled to the equal protection of the law”, and it is a “moral obligation” for a Cabinet member to self-quarantine.
“In times of great uncertainty as a result of the pandemic, leaders of a country should set a good example to its citizens. This is especially true if a minister is aware that a disease such as Covid-19 is life threatening and highly transmissible, and he/she has a moral obligation to self-quarantine,” Salim said in a statement.
He also said action could be taken against Khairuddin under Section 269 of the Penal Code.
The section stipulates that “whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life”, commits an offence.
“Perhaps the Attorney-General could exercise his constitutional prerogative to reconsider his earlier decision based on the above-mentioned offence provided under the Penal Code,” he said in a statement.
If convicted, the individual could be jailed for up to six months or fined, or both.
Salim also called for the health ministry to explain why the relevant form was not provided to Khairuddin, and why was he permitted to move about freely.
“The public is entitled to know the reasons for his exemption from a quarantine order.”