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Affidavit filed by Attorney-General Tan Sri Mohtar Abdullah
(CRIMINAL DIVISION)
VARIOUS CRIMINAL APPLICATIONS NO. 45-40 1998
In the matter of Section 31 Prisons Act, 1995
and
In the matter of the Prison Director-General's Order dated 13 August 1998
and
In the matter of the existing jurisdictions of the High Court of Malaya
between
Nallakaruppan a/l Solaimalai .... Applicant
and
1. Director of Prisons, Malaysia
2. Inspector-General of Police, Malaysia
3. Government of Malaysia .... Respondents
AFFIDAVIT
I, Tan Sri Datuk Mokhtar bin Abdullah, IC No 440507-04-5259, residing at 34 Jalan SS 7/4 Kelana Jaya 47301 Petaling Jaya, a person of legal age, verily and solemnly affirm and state as follows:
1. I, the Attorney-General of Malaysia is competant and empowered to affirm this affidavit for and on behalf of the third respondent.
2. The Police revealed to me investigation papers regarding the the ownership of 125 Fiocchi 6.35mm bullets. I have scrutinised and considered carefully the said investigation papers. According to the powers vested in me under (Section 80) Internal Securities Act 1960 and under the discretionary powers given to me under Section 376 (i) of the Criminal Procedure Code, I gave approval for the charging of the applicant for offences under Section 57(1)(b) Internal Security Act 1960.
3. I refer to the affidavit by Senior Assistant Commissioner II (SAC II) Musa bin Haji Hassan, which was affirmed on 2 September 1998. I was also briefed by the Police on the development of the investigation that was carried out in relation to the book " 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM" (50 Reasons Why Anwar Cannot Become PM) and I agreed that the investigations and interrogation of the applicant involves national interest and security.
4. Police investigations are still ongoing and statements that have been obtained thus far are serious and involve national interest. Should there be prima facie evidence, Nallakaruppan and/or the said national leader can be charged in court under the Internal Security Act 1960, Official Secrets Act 1972, the Penal Code, the Women and Girls Protection Act 1973 and also the Anti-Corruption Act 1961 and 1997. The Rule of law and principles of justice must be defended and no one has immunity from the law. The Police must be given a reasonable and valid opportunity under the law to complete the investigations fully.
5. Based on the above reasons I apply to the Court to dismiss the application in the interests of justice.
Source: The Star Friday 4 September 1998
