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PETALING JAYA: Exempting a minister from Covid-19 preventive measures without justification is arbitrary and creates a dangerous precedent, says Malaysian Bar Association President Salim Bashir.
“If the Minister of Plantation Industries and Commodities Datuk Dr. Mohd Khairuddin Aman Razali (Photo) is, in fact, exempt from a quarantine order, the authorities must be able to demonstrate what this exemption is about, the absence of which would create a dangerous and arbitrary precedent, “he said in a statement on Thursday (October 22).
Salim said it was crucial for the government to provide an explanation, as members of the public were required to strictly adhere to standard operating procedures, including quarantine orders during the pandemic.
“The public has the right to know the reasons for its exemption from a quarantine order.
“It is enshrined in Article 8.1 of the Federal Constitution that ‘all persons are equal before the law and have the right to equal protection of the law,'” he added.
Salim was responding to the recent decision of the Attorney General’s Office not to press charges against Khairuddin for lack of evidence.
The reason cited for this was that the minister did not receive the mandatory Form 14B that requires a Surveillance and Observation Order (“quarantine order”) as stipulated in section 15 (1) of the Infectious Disease Prevention and Control Act. of 1988 (Law 342).
By virtue of article 15 (1) of Law 342, it is provided that “an authorized official may order that any contact be subjected to observation in the place and for the period he considers appropriate, or that it be subjected to surveillance until it is given discharge without danger to the public. “
Salim said that since air traffic was allowed again in Malaysia, the government decided that all people entering the country from abroad will be subject to a quarantine order.
“In light of the severity of the pandemic both at home and abroad, a person not only becomes a person under surveillance (PUS) upon receiving a copy of Form 14B, but even when someone enters Malaysia from the foreigner, “he said.
He said the Health Ministry must explain the reason why the Form 14B was not provided to Khairuddin, which allowed him to move freely in public upon his return from Turkey.
Khairuddin’s violation of the mandatory 14-day quarantine came to light when it was raised in Dewan Rakyat on August 18 by Seputeh MP Teresa Kok.
He had returned from what he described as a “semi-work trip” to that country, which included members of his family, on July 7.
After the matter came to light, the Health Ministry said it had slapped Khairuddin with a fine of RM 1,000 for violating the Infectious Diseases Prevention and Control Act of 1998 (Law 342) on 7 August.
Khairuddin said he would give up his salary from May to August as an act of remorse for violating the 14-day quarantine rule.
In a statement, where he apologized to all Malaysians, he said he would donate the money to the national Covid-19 fund of the Ministry of Health.
The police opened investigations into the case and had recorded statements from 10 people before completing their investigation.
However, many Malaysians still insisted that he should resign, noting that members of the public found guilty of the same offense were imprisoned and subjected to higher fines.
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