Conundrum in Kedah Ketuanan Rakyat

Words have reached HRH Sultan of Kedah that a certain state Executive Councillor (Exco) taken a married woman as his second wife. It is learnt that the Sultan was disheartened to learn that the Exco had the audacity to take oath before him, knowing fully well that he had committed an offence.

The Exco and the second “wife” are liable to be charged under Section 7 (1) of the Law Reform (Marriage and Divorce) Act 1976. Action can be taken under section 494 of the Penal Code. They could be jailed 7 years.

The Exco married the married woman without divorcing his wife of 17 years.

She, who is 19 years younger, married the Exco without divorcing her second husband whom she married after the death of her first husband. A group of people are staging a protest at the Sungai Petani Municipal field at 3pm on 9 Feb  2009 as they felt that the Exco  has insulted the Sultan by taking an “illegal” wife as escort to official functions.

Section 7 (1) of the Law Reform (Marriage and Divorce) Act 1976

Any person lawfully married under any law, religion, custom or usage who during the continuance of such marriage purports to contract a marriage under any law, religion, custom or usage in contravention of section 5 shall be deemed to commit the offence of marrying again during the life-time of husband or wife, as the case may be, within the meaning of section 494 of the Penal Code.

Every person found guilt of bigamy within Malaysia shall be liable to punishment under Section 494 of the Penal Code.
Section 494 of the Penal Code

494. Marrying again during the lifetime of husband or wife.

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife and whether such marriage has taken place within Malaysia or outside Malaysia, shall be punished with imprisonment for a term which may extend to seven (7) years, and shall also be liable to fine.

There is an exception to Section 494 of the Penal Code. The Section does not extend to any person whose marriage, with such husband or wife, has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven (7) years, and shall not have been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted, of the real state of facts so far as the same are within his or her knowledge.

A person who commits an offence defined in Section 494 of the Penal code with concealment of the former marriage from the person whom subsequent marriage is contracted shall be liable to punishment under Section 495 of the Penal Code.

Section 495 of the Penal Code

495. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted.

Whoever commits the offence defined in section 494, having concealed from the person with whom the subsequent marriage is contracted the fact of the marriage, shall be punished with imprisonment for a term which may extend to ten (10) years, and shall also be liable to fine.

It has been said, the Exco is very interested in quitting and probably, jumping ship. He and his fellow party members have been known to voice out dissatisfaction on how the Pakatan Rakyat (PR) Kedah State Government has been run. This is another highly probable case of Ketuanan Rakyat Government and Leadership crumbling down.

Now, the thirteen million Ringgit plus question is, how would MB Azizan, PAS President Hadi Awang and party-less Opposition Leader Anwar Ibrahim react to this and  their ‘pre-emptive strike’ mechanism, as always? Of course, the ‘fun’ would not be complete without statements from DAP Chairman Karpal Singh, Lim Kit Siang and Penang CM Lim Guan Eng, which like always will complicate things further.

*Updated 525pm

Kedah Exco V Arumugam has quit from the state post, but remained ADUN for Bukit Selambau. He wrote a letter directly to HRH Sultan of Kedah.

The Star has the story:

 

Published: Monday February 9, 2009 MYT 1:25:00 PM
Updated: Monday February 9, 2009 MYT 4:31:35 PM

PKR’s Arumugam quits Kedah exco seat (updated)

By EMBUN MAJID

 

ALOR SETAR: Kedah executive council member V.Arumugam has relinquished his post but will continue as Bukit Selambau state assemblyman, Kedah Menteri Besar Datuk Seri Azizan Abdul Razak announced Monday.

Arumugan was initially an independent who joined PKR after winning the Bukit Selambau state seat in the general election last March.

He was said to have informed PKR adviser Datuk Seri Anwar Ibrahim of his decision at a discreet meeting in Ipoh on Sunday.

PKR state training bureau chairman Zambri Yusuf said Arumugam has made known his intention to Anwar at the meeting.

“Arumugam has decided to quit his position as an exco due to the mounting pressure on him and his family to defect to Barisan Nasional.”

Speculation has been rife for weeks that Arumugam intended relinquish his post due to the mounting pressure to stay in Pakatan Rakyat or defect to Barisan as an assemblyman.

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V Arumugam was elected as ADUN for Bukit Selambau during 12th GE 8 March 2008 as an independent, defeating the MIC candidate. The PKR Kedah Chief Zamri Yusof, whose nomination was rejected by the Election Commission, had offfered Arumugam to join his party and a Kedah Exco seat upon winning the Bukit Selambau DUN seat, since Pakatan Rakyat wanted a multiracial State Government.