APRIL 14 —The Police Force Commission (PFC) is established by the Federal Constitution. Article 140(1) provides that the PFC’s jurisdiction “shall extend to all persons who are members of the police force and which, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer and exercise of disciplinary control over members of the police force.”
The PFC was formerly called Police Service Commission (PSC). The PSC’s jurisdiction was stated in simpler terms, which was to extend “to all persons who are members of the police service.” A constitutional amendment in 1960 amended Article 140 and renamed the PSC as PFC whose jurisdiction became more elaborate as provided above.
So, the Federal Constitution does place the PFC higher than the Inspector-General of Police (IGP). The latter has the command of the police force by section 4(1) of the Police Act 1967 and is responsible to the Home Minister for the control and direction of the police force and all other persons appointed or engaged for police duties.
But wait.
Article 140(7) states that the word “transfer” in clause (1) above does not include transfer without change of rank within the police force. Clause (7) was inserted into Article 140 by the 1960 constitutional amendment.
It is therefore clear that the legislature (Parliament) did not intend that the PFC should be responsible for the transfer of members of the police force if the transfer involved no change of rank within the force.
This is common sense and prudent. The IGP should not be interfered with over transfers of his officers under his command unless the transfers involved a change of rank.
On the recent transfer exercise of senior police officers under order of the IGP, Home Minister Datuk Seri Hamzah Zainudin has denied any involvement in the exercise. He said that any transfer exercise of senior police officers was a decision of the PFC.
If that is the case, it is humbly submitted that the PFC may have overstepped its jurisdiction if the transfers do not involve change of rank.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
